logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2018.08.29 2018고정27
최저임금법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an employer who employs one full-time employee and manages “E” with the address in Chungcheong-gun A, Chungcheong-gun D.

An employer shall pay workers subject to the minimum wage at least the minimum wage determined and announced annually by the Minister of Labor, and shall pay wages of at least 5,210 won per hour during the period from April 7, 2014 to December 31, 2014, and shall pay wages of at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and shall pay wages of at least 6,030 won per hour during the period from January 1, 2016 to November 30, 2016.

Nevertheless, the Defendant paid, as indicated in the List of Crimes, wages below the minimum wage amount (eight average hourly wage of KRW 4,029) on eight occasions, including the amount of wages in May, 2014, to F, who were employed by the said workplace from April 7, 2014 to December 17, 2016, and paid wages below the minimum wage amount (average hourly wage of KRW 4,854 won) on ten occasions, including the amount of wages in January, 2015. The Defendant paid wages below the minimum wage amount (average hourly wage of KRW 4,496 won) on nine occasions, including the amount of wages in January, 2016 (average hourly wage of KRW 4,854 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police officer of special judicial jurisdiction with respect to F;

1. Report on the acquisition of internal investigation data (the detailed statement of benefits);

1. Details of confirmation of fact, such as telephone (related to confirmation of offsetting benefits);

1. Application of the F’s authentic document (including attached material) statute;

1. Relevant Articles 28 (1) and 6 (1) of the Minimum Wage Act concerning facts constituting an offense and Articles 28 (1) and 6 (1) of the Minimum Wage Act (a comprehensive selection of fines);

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant recognizes the crime of this case as a substitute and reflects it, and the defendant agrees with the victim and falls short of the minimum wage, whichever is substantial.

arrow