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(영문) 광주지방법원 2019.10.17 2019고정740
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a user who conducts clothes manufacturing business, etc. as the representative of Nam-gu Seoul Metropolitan Government C.

1. An employer who violates the Minimum Wage Act shall pay any worker to whom the minimum wage is applied at least the minimum wage determined and publicly notified by the Minister of Employment and Labor each year, and shall pay each wage of at least 6,030 won at the minimum wage rate, for the period from January 1, 2016 to December 31, 2016, wages of at least 6,470 won at the minimum wage rate, for the period from January 1, 2017 to December 31, 2017, and wages of at least 6,470 won at the minimum wage rate, for the period from January 1, 2018 to December 31, 2018, respectively.

Nevertheless, the Defendant, from October 5, 2016, paid wages in October 2016 to D who worked in the above workplace from around October 5, 2016, paid wages below the minimum wage rate of 6,030 won in 2016 as stated in the attached crime list, and paid wages below the minimum wage rate of each year from around that time to November 30, 2018, as shown in the attached crime list.

2. An employer in violation of the Labor Standards Act shall clearly state wages, contractual work hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers in concluding an employment contract, and shall deliver written statements specifying the constituent items, calculation methods, and payment method of wages, contractual work hours, holidays under Article 5, and annual paid leaves under Article 60 to workers;

When concluding a labor contract with D on October 5, 2016, the Defendant did not deliver to D a document stating the constituent items, calculation method, and payment method of wages, contractual hours, holidays under Article 55, and annual paid leave under Article 60.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Statement of the police with D 1.

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