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(영문) 서울서부지방법원 2020.09.02 2020고단2408
근로기준법위반등
Text

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 C representative in Seoul, who is a full-time employee and operates a business employing one worker.

An employer shall pay wages exceeding the minimum wage amount determined and publicly announced by the Minister of Employment and Labor each year to workers subject to the minimum wage, and shall pay the minimum wage rate of KRW 6,030 per annum from January 1, 2016 to December 31, 2016, the minimum wage of KRW 6,470 per annum from January 1, 2017 to December 31, 2017, the minimum wage of KRW 6,470 per annum, and the minimum wage of KRW 7,530 per annum from January 1, 2018 to December 31, 2018, and from January 1, 2019 to December 31, 2019.

Nevertheless, the Defendant paid the hourly wage below the minimum wage as an hourly wage of 6,613 won from Apr. 8, 2016 to Mar. 29, 2019, to D retired from the said workplace, from the said workplace, during the period from Jan. 8, 2018 to Jun. 2018, 2018, the hourly rate of 5,511 won, the hourly rate of 4,453 won from Jul. 7, 2018, the hourly rate of 4,982 won, the hourly rate of 5,070 won from Sept. 8, 2018, the hourly rate of 6,723 won from Oct. 6, 2018, the hourly rate of 3,968 won from Dec. 3, 2018, the hourly rate of 3,518 won from Jan. 3, 2019; and

Summary of Evidence

1. Application of each police's written statement of the defendant D to the court's statement;

1. Articles 28 (1) and 6 (1) of the Minimum Wage Act concerning the facts constituting an offense;

1. The punishment as ordered shall be determined by taking into consideration the following circumstances: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, such as recognizing and reflecting the mistake of the employer; and (b) the fact that there is no history of criminal punishment.

The Defendant, as the representative C in Seoul, is an employer who employs a full-time worker and operates a business.

From April 8, 2016 to March 29, 2019, the Defendant worked as the Hague-dyer and retired D on May 7, 2016 as well as KRW 1404,707,000,000,000,000,000 as indicated in the attached list of crimes.

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