beta
Text
Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a representative C in Daejeon Pong-gu, who runs a lodging business using three full-time workers.
1. An employer shall pay workers to whom the minimum wage applies wages in excess of the minimum wage amount;
The minimum wage rate shall be at least 4,580 won in the year 2012, at least 4,860 won in the year 2013, and at least 5,580 won in the year 2014, 5,210 won in the year 2014.
In this regard, from April 3, 2012 to July 21, 2015, the Defendant paid the hourly wage below the minimum wage (3,571 won, 3,571 won, 2013, 3,846 won, 2014, 3,846 won, 2015, 3,846 won, 2015) to D who worked as a Kabter for 24 hours (364 hours per month).
2. An employer shall clearly state wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the said Act, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract, and shall deliver written statements specifying the items of wages, the method and method of calculating wages, the prescribed working hours, the holidays under Article 55 of the said Act, and the matters concerning annual paid leaves under Article 60 of the said Act to such workers;
In this regard, the defendant did not deliver to D a document stating matters concerning wages, prescribed working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves, etc. under Article 60 of the above Act, when entering into a labor contract on April 3, 2012, which is a member of D who works as a Kabter from April 3, 2012 to July 21, 2015.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 28 (1), Article 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount), Article 114 subparagraph 1, and Article 17 of the Labor Standards Act concerning facts constituting an offense, and Articles 28 (1), 6 (1) (which means the payment of fines, which is below the minimum wage amount) of the Minimum Wage Act, and Articles 114 subparagraph 1 and