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Reasons
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(영문) 춘천지방법원 속초지원 2016.11.16 2015고정100
최저임금법위반등
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The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, the violation of the Labor Union and Labor Relations Adjustment Act.

Reasons

Punishment of the crime

The defendant is the representative of the Dental Institute in C and is an employer who runs a medical business using 180 full-time workers.

An employer shall pay wages exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor each year to workers subject to the minimum wage, and shall pay wages of at least 4,580 won, 2013, 4,860 won, and 5,210 won as the hourly minimum wage rate.

Nevertheless, the Defendant paid 36,424,530 won, including E’s wage of 342,720 won in December 1, 2011 at the above workplace, and paid 46,424,530 won in total, as indicated in the attached list of crimes, to employees below the minimum wage.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F, G and H;

1. Statement made by the police of the F;

1. Details of persons subject to violation of the Minimum Wage Act, details of minimum wage violations, and details of remittance of the difference;

1. Application of Acts and subordinate statutes to the written complaint, accusation and petition;

1. Article 28 (1) of the Minimum Wage Act and Articles 28 (1) and 6 (1) of the same Act and the selection of fines for criminal facts;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decision 2009Da1448, Apr. 21, 2016) (see, e.g., Supreme Court Decision 2009Da1448, Apr. 21, 2016);

1. 50,000 won for a suspended sentence;

1. The portion not guilty (10,000 won per day) of Articles 70(1) and 69(2) of the Criminal Act, which is confined in a workhouse;

1. Of the facts charged in the instant case, the Defendant is the representative of the Dental Institute in C, who runs a medical business using 180 full-time workers.

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