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 wages exceeding 7,530 won per hour during the period from January 1, 2018 to December 31, 2018 (40 hours per month, 1,573,70 won, and week) at least 7,530 won per hour during the period.

Nevertheless, the Defendant paid D’s wages in 2018, which were worked as a person in charge of accounting from November 1, 2016 to March 20, 2018 at the above workplace, and paid wages below the minimum wage level, such as paying KRW 1,400,000 per month.

(b) When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 463,387 of D’s wage difference in the year 2018 that he/she worked as a person in charge of accounting from November 1, 2016 to March 20, 2018 within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the due date.

2. Determination

A. The key issue of the instant case was under the premise that the Defendant had not paid wages equivalent to the difference (173,770 won per month) in the minimum wage amount. The public prosecutor prosecuted the instant case.

Therefore, whether the issue of this case was whether the Defendant failed to pay KRW 173,770 per month from January 1, 2018 to March 20, 2018.

B. Whether the comparable wage is paid below the minimum wage (1) the previous Minimum Wage Act (amended by Act No. 15666, Jun. 12, 2018; hereinafter the same)

an employer under section 6(1) shall have respect to a worker to whom the minimum wage is applicable.