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(영문) 서울남부지방법원 2014.10.17 2014고정607
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is an employer who engages in housing management business under the trade name of F Co., Ltd. by employing 2,500 full-time workers under Article 308 of Yongsan-gu Seoul Metropolitan Government building E.

From June 1, 2012 to November 30, 2012, the Defendant: (a) while serving as security guards in G apartment from G apartment to retired workers H as their main duties of cleaning work, not surveillance work between the two months on June 6, 2012 and September 2012; and (b) paid wages (e.g., hourly wage 4,580 won) below the minimum wage (e., hourly wage 4,369 won). The Defendant did not pay 109,600 won in total within 14 days from the date of retirement without an agreement between the parties on the extension of payment due date; (b) from the date of retirement to the date of November 30, 2012, the Defendant did not pay KRW 64 hours out of the six hours hours specified in the employment contract between the two months, and did not pay KRW 109,600 from the date of retirement to the minimum wage of 14 hours per month; and (c) paid KRW 2788,5 hours per month.28.

Summary of Evidence

1. Each legal statement of a witness I, J and K;

1. Each statement in the protocol of examination of the witness with respect to H or L of this Court;

1. Application of Acts and subordinate statutes to an entrustment management contract, each employment contract, each wage ledger, ledger of wages, rest time table of management personnel, table of working hours for each security guard's daily working day, fixed guard's daily working day, day-to-day book, work book, minimum wage amount calculation book, and business trip writing

1. Article 109 (1) and Article 36 of the Labor Standards Act, Articles 28 (1) and 6 (1) of the Minimum Wage Act (which means payment below the minimum wage amount), and the choice of fines for a crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued to the accused and the accused.

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