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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a user who has employed 187 full-time workers as the representative director of the limited company C in Geumcheon-gu Seoul Special Metropolitan City and has operated the taxi transport business.
1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage each year wages exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor, and shall pay wages of at least 4,580 won per hour for the period from January 1, 201 to December 31, 201, the minimum wage rate of which is at least 4,320 won per hour, and for the period from January 1, 201 to December 31, 201, the minimum wage of which is at least 4,580 won per hour;
Nevertheless, the Defendant paid D wages on April 201, 201 to D who worked as a driver at the above workplace, paid KRW 2,992 per hour below the minimum wage, and paid below the minimum wage as shown in attached Table 1.
2. Wages in violation of the Labor Standards Act shall be paid in full directly to workers in currency.
Provided, That if there are special provisions in Acts and subordinate statutes or a collective agreement, part of wages may be deducted or paid by means other than currency.
Nevertheless, the Defendant paid wages of KRW 5,697,821 on April 201, 201 for night work allowances of KRW 292,00,00 for D, who worked as a driver at the above workplace, as shown in the attached Table 2 of Crimes List 2, and paid wages of KRW 5,697,821 on the 10th day of each month, which is the regular payment date of wages.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. The records of service, the register of payment of individual transport income by multiple discrimination, and each detailed statement of salary;
1. Application of Acts and subordinate statutes of each wage agreement and collective agreement;
1. Article 28 and Article 6(1) of the former Minimum Wage Act (wholly amended by Act No. 11278, Feb. 1, 2012); Articles 109(1) and 43 of the Labor Standards Act; and selection of fines, respectively, for criminal facts
1. The Criminal Act among concurrent crimes.