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(영문) 부산지방법원 동부지원 2013.09.02 2013고정623
최저임금법위반등
Text

Defendant

A and B shall be punished by a fine of KRW 700,00, and Defendant C shall be punished by a fine of KRW 300,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B From March 1, 2009 to January 31, 201, Defendant C from February 1, 201 to May 31, 2011, Defendant A served as the president of the council of occupants’ representatives in Busan Shipping Daegu D Apartment, from June 1, 2011 to April 30, 201, and victims E worked as security guards in the above apartment from January 1, 2009 to April 30, 201.

1. The employer of the defendant B shall pay the workers subject to the minimum wage amount above the minimum wage amount, and shall not pay a lower amount than the minimum wage amount; and

Nevertheless, from March 1, 2009 to January 31, 2011, the Defendant paid the victim E wages below the minimum wage amount, such as the daily list of crimes (1).

2. The employer of the defendant C shall pay the workers subject to the minimum wage amount above the minimum wage amount, and shall not pay a lower amount than the minimum wage amount.

Nevertheless, from February 1, 2011 to May 31, 2011, the Defendant paid the victim E wages below the minimum wage amount, such as the daily list of crimes (2).

3. Defendant A

(a) Any employer who violates the Minimum Wage Act shall pay the workers subject to the minimum wage amount equal to or more than the minimum wage amount, and shall not pay a lower amount than the minimum wage amount; and

Nevertheless, from June 1, 2011 to April 30, 2012, the Defendant paid the victim E wages below the minimum wage amount as shown in the attached crime list (3).

(b) Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant shall pay to the victim.

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