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(영문) 수원지방법원 안산지원 2014.10.14 2014고단1561
최저임금법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Reasons

Punishment of the crime

The defendant is a representative of a public parking lot in the vicinity of C in light of light and is a user who operates a parking lot by using four full-time workers.

1. Any employer who violates the Minimum Wage Act shall pay the workers to whom the minimum wage is applied the wages not less than the minimum wage amount (the minimum wage amount shall be 4,860 won in 2013, monthly 1,224,720 won in 201, and the Si wage5,210 won in 2014, monthly 1,312,920 won in 2014;

Nevertheless, the Defendant paid 80,000 won per month to D workers who provided labor at the same workplace from December 30, 2013 to February 28, 2014, and did not pay wages exceeding the minimum wage amount.

2. The Defendant violated the Labor Standards Act, from December 30, 2013 to February 28, 2014, did not specify the wages, contractual work hours, etc. to the workers D who provided labor at the said workplace, and did not deliver to D the document specifying the same.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on criminal report and petition;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act (the fact that wages are paid less than the minimum wage amount and the choice of fines), Article 114 subparagraph 1 and Article 17 of the Labor Standards Act concerning facts constituting an offense;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 200 million won in total)

1. The summary of the facts charged is without agreement between December 30, 2013 and February 28, 2014, to workers D who provided labor at a public parking lot located in C’s neighboring neighboring areas in order to extend the payment period between the parties concerned.

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