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(영문) 대전지방법원 서산지원 2018.10.25 2018고단774
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a user who operates beauty and beauty business by employing two full-time workers as a representative of the C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

An employer shall pay wages exceeding the minimum wage determined and publicly notified by the Minister of Labor each year to workers subject to the minimum wage, and pay wages exceeding the minimum wage rate of 5,210 won per hour during the period from January 1, 2014 to December 31, 2014, wages exceeding the minimum wage of 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and wages exceeding the minimum wage of 6,030 won per hour during the period from January 1, 2016 to December 31, 2016.

Nevertheless, the Defendant paid the hourly wage of less than the minimum wage amount from April 16, 2014 to June 15, 2016 to retired workers D who worked in the said workplace as from March 16, 2014 to June 15, 2016, and paid the hourly wage of less than the minimum wage amount, such as paying the hourly wage of 2,559 won below the minimum wage amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement of the police confrontation against the defendant and D;

1. Details of transactions by means of a petition or account;

1. Business registration certificate;

1. Details of nomenclatures filed in 2015, and details of wages payment;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Relevant provisions of the Act and Articles 28 (1) and 6 (1) of the Minimum Wage Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing the prosecution in light of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant misleads the victimized employee, the fact that the injured employee agreed smoothly, the primary crime, the circumstances before and after the crime in this case, and other reasons for sentencing

1. The summary of the facts charged is that the Defendant is the C representative located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, who employs two full-time workers and operates beauty business.

(a) Violation of the Labor Standards Act;

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