logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.11.22 2018고단3855
최저임금법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., which is a user who operates a printing business using four full-time workers.

(a) An employer shall pay the workers covered by the minimum wage amount not less than the minimum wage determined and publicly announced annually by the Minister of Labor;

Nevertheless, the Defendant paid 4,784 won below the minimum hourly wage of less than 6,470 won applied from January 1, 2017 to December 31, 2017, and 4,784 won below the minimum hourly wage of less than 6,470 won applied from January 1, 2017 to December 31, 2017, and 4,784 won below the minimum hourly wage of less than 7,530 won applied from January 1, 2018 to December 31, 2018.

(b) When an employer concludes a labor contract, he/she shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers, and shall conclude a labor contract specifying the items constituting wages, methods of calculation, methods of payment, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60.

Nevertheless, the defendant did not enter into a labor contract with D who entered the above workplace on November 20, 2017 and the calculation method and payment method of wages, prescribed working hours, prescribed work hours under Article 55, annual paid leave under Article 60, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes governing fact-finding, such as telephone;

1. Relevant legal provisions concerning criminal facts, Articles 28(1), 6(1) (which means the payment of wages below the minimum wage) of the Minimum Wage Act, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (which means the payment of fines, which means the payment of fines, which is below the minimum wage), and Articles 114 subparag. 1 and 17 of the Labor Standards Act;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

arrow