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(영문) 전주지방법원 2016.02.16 2015고정622
근로기준법위반등
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A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant is the representative director of the EE located in Seojin-gu Seoul Metropolitan Government D, who ordinarily employs 110 full-time workers and operates the taxi transport business.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage amount not less than the minimum wage amount determined and announced annually by the Minister of Labor;

Nevertheless, the Defendant paid wages to five persons, such as F, who worked as a driver at the above workplace from August 201 to March 201, and paid wages below the minimum wage amount of 4,110 won as stated in attached Table 1, and the minimum wage amount of 4,320 won as stated in attached Table 1.

2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the fixed date due to any special circumstances;

Nevertheless, the Defendant was working from August 14, 2007 to March 12, 2014 as indicated in Attached Table 2 No. 3, 2007, and the Defendant did not pay KRW 2,790,960, which was below the minimum wage from August 14, 2007 to March 12, 201, within 14 days from the date of each retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police with H;

1. Each police statement made to I, F, J, K, and G;

1. Each written petition;

1. Application of Acts and subordinate statutes of the Organization Agreements, the Wage Payment Register ( August 3, 2008 - November 3, 201), the 2013 General Agreement, the 2014 General Agreement, the 2014 General Agreement;

1. Relevant legal provisions and Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), Articles 109(1) and 36 of the Labor Standards Act (which means the payment of fines, which is below the minimum wage, the fact that the amount is not paid below the minimum wage, and the choice of fines) for criminal facts.

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