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(영문) 전주지방법원 2014.06.03 2013고단2750
최저임금법위반등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant: (a) was sentenced to one year of suspension of the execution of the imprisonment with labor for a violation of the Minimum Wage Act by the Jeonjin-gu District Court on April 30 of the same month; and (b) the said judgment became final and conclusive on December 31, 201, the Defendant is the employer who ordinarily employs 60 full-time workers as the representative director of the limited liability company D, which is located in Seojin-gu Seoul Special Metropolitan City on December

1. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Employment and Labor, and shall pay wages of at least 4,320 won per hour during the minimum wage period from January 1, 201 to December 31, 2010, and at least 4,320 won per hour during the period from January 1, 201 to December 31, 2011;

Nevertheless, the Defendant paid 2,939 won below the minimum wage level to 18 workers, including the payment of wage for July 2010 to E who were employed on April 6, 1991 in the above workplace and worked as an operator, and the payment of wage of 2,939 won below the minimum wage level.

2. Wages in violation of the Labor Standards Act shall be paid in full directly to workers in currency, and shall be paid at least once a month on a fixed date;

Nevertheless, as described in paragraph (1), the Defendant paid 646,476 won each month to F workers from July 1, 2010 to June 30, 201, and paid below the minimum wage, as well as 17,577,4870 won totaling the difference of less than the minimum wage amount of five workers, as described in Nos. 4, 6, 13, 14, and 17 of the crime sight table, as described in paragraph (1), was not paid on the 10th day of each month, which is the regular wage payment date from August 10, 201 to July 10, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. The overdue payment of minimum wage, details short of the minimum wage, and comprehensive table below the minimum wage;

1. A complaint and a petition;

1. The wage calculation table in 2008, 201.

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