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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 1575] The Defendant is the employer who ordinarily employs 75 workers as the representative director of the C Co., Ltd. located in Geumcheon-gu Seoul Metropolitan City, Seoul Metropolitan City, and operates the taxi transport business.
1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage each year wages exceeding the minimum wage amount determined and publicly announced by the Minister of Employment and Labor, and shall pay the hourly minimum wage of at least 4,320 won from January 1, 201 to December 31, 2010, the hourly minimum wage of at least 4,110 won, and from January 1, 201 to December 31, 2011;
The Defendant paid 2,731 won per hour below the minimum wage while paying wages to D workers who worked as an operator at a workplace on July 2010, and paid less than the minimum wage to 21 persons, such as workers D, etc., as shown in attached Table 1 of the List of Offenses.
2. An employer who violates the Labor Standards Act shall pay wages at least once a month on a fixed date;
Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.
As stated in Paragraph 1, the Defendant paid 190,523 to 35,579 won each month from July 10, 201 to July 201, to 305,579 won, and the Defendant did not pay 82,791,166 won in total, which is the minimum wage of 21 employees, from August 10, 201 to August 10, 201, as shown in Attached List 2.
[2014 Highest 1092] The defendant is an employer who employs 75 full time workers as the representative director of the C Co., Ltd. located in Dongdaemun-gu Seoul Metropolitan City, Seoul Metropolitan City, and operates a taxi transport business.
An employer shall pay each year wages exceeding the minimum wage amount determined and publicly announced by the Minister of Employment and Labor to a worker subject to the minimum wage, and the minimum wage hourly 4,110 won from July 1, 201 to December 31, 2010;