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(영문) 인천지방법원 2017.03.17 2017고단218
최저임금법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, wages shall be unpaid.

Reasons

Punishment of the crime

The defendant is the representative of S, Co., Ltd. 102 Dong-dong 108, Yeonsu-gu, Incheon, who runs the sales consulting business using two full-time workers.

1. An employer in violation of the Minimum Wage Act shall annually pay workers subject to the minimum wage rate the wages at least the minimum wage determined and publicly notified by the Minister of Labor, and shall pay wages at least 6,030 won per hourly minimum wage for the period from January 1, 2015 to December 31, 2015, and at least 5,580 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid the hourly wage of KRW 5,859 per annum from August 13, 2015 to May 4, 2016 at the same place of business, when he/she paid the retirement E’s wages, which falls short of the minimum wage amount, from August 13, 2015 to October 12, 2015, from October 13, 2015, from October 13, 2015 to February 12, 2016, the Defendant paid KRW 4,669 per hour from October 13, 2015 to February 12, 2016, and KRW 5,859 per annum from February 13, 2016 to May 4, 2016.

2. An employer who violates the Labor Standards and Labor Standards Act due to such violations as the working conditions shall, when concluding a labor contract, clearly state matters as wages, prescribed working hours, holidays, annual paid leaves, etc. to the workers, and deliver the specified documents to the workers;

Nevertheless, the defendant worked in the above workplace from August 13, 2015 to May 4, 2016 and did not specify the working conditions for the retired E, and did not deliver the written statement to E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police petitioner to E;

1. A complaint filed by E and a petition;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Relevant legal provisions concerning facts constituting an offense, Articles 28 (1), 6 (1) of the Minimum Wage Act (the fact of violating the minimum wage payment obligation, the selection of fines), and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (the fact of violating the duty to specify working conditions, etc.);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1.A fine of 400,000 won to be suspended;

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