logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2016.01.27 2015고정1091
근로기준법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual manager of the F in the underground of the E building in Hanam-si, who engages in retail business by employing 14 full-time workers.

1. The Defendant did not pay KRW 28,794,295, as well as KRW 1,700,00 in G, who worked in the said workplace from July 16, 2014 to September 4, 2014, as well as KRW 1,70,00 in August 2014, to six workers, including the daily table of crimes (excluding the net time 2,4,5) in attached Form 28,794,295, without agreement between the parties on the extension of the payment date of money and valuables, within 14 days from the date of retirement.

2. The Defendant did not pay KRW 600,000 of the advance payment for dismissal corresponding to the 30-day ordinary wage without giving 30-day advance notice of dismissal as of September 6, 2014 when he/she entered the said workplace on November 1, 2013, and worked in C, which was employed on November 6, 2013 at the said workplace.

3. An employer shall pay a worker to whom the minimum wage is applied at least the minimum wage, and shall pay the wage exceeding 5,210 won per hour during the period from January 1, 2014 to December 31, 2014.

Nevertheless, the Defendant paid the wage of KRW 4,533 per hour below the minimum wage while paying the wage from February 1, 2014 to June 20, 2014 to H who worked in the said workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H and C;

1. Each statement of I, J, K, and L, G, and K;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 109(1) and Article 36 of the Act on the Standards of Employment Standards for Criminal Fact-Findings, Articles 110 subparag. 1, 26 of the Labor Standards Act, Articles 28(1) and 6(1) of the Minimum Wage Act (which means unpaid wages), and each choice of fines, for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334 (1) of the Criminal Procedure Act.

arrow