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(영문) 서울중앙지방법원 2015.12.03 2015고정3744
근로기준법위반등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the violation of the Labor Standards Act.

Reasons

Punishment of the crime

The defendant is the user who is the D representative in Gangnam-gu Seoul and has run the announced source business with three regular workers, and the employer shall pay the worker to whom the minimum wage is applied more than the minimum wage amount determined and publicly notified each year by the Minister of Labor.

Nevertheless, the Defendant is working in the above workplace from July 6, 2014 to December 25, 2014.

A retired worker E paid 2,023 won below the hourly minimum wage of 5,210 won and did not pay 3,187 won. From July 2014 to December 2014, 4,294,590 won below the minimum wage amount was not paid as stated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The application of Acts and subordinate statutes to the petitioner's statement and investigation report (report attached to the daily schedule);

1. Relevant Article 28 (1) and Article 6 (1) of the Minimum Wage Act, the option of fines for criminal facts, and the choice of fines;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the Detention in Labor House.

1. When a worker retires from office as a summary of the facts charged charged of dismissing the public prosecution under Article 59(1) of the Criminal Act (including the confession of the crime of this case and the smooth agreement between the complainant and the complainant), he shall pay wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred;

Defendant is working in Gangnam-gu Seoul Metropolitan Government C from July 6, 2014 to December 25, 2014.

The employer did not pay the total amount of KRW 4,294,590,000 in the attached list of crimes E, within 14 days from the date of occurrence of the cause for the payment without an agreement on the extension of the payment date between the parties concerned.

Judgment

The above facts charged are Articles 109(1) and 36 of the Labor Standards Act.

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