The defendant is a C representative in the Jung-gu Seoul Metropolitan Government B commercial building C Dong 6th, who runs a service business using five full-time workers.

1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 1,842,539 in total, including KRW 212,354 in July 20, 2017, KRW 698,298 in August 2017, KRW 698, KRW 698,298 in September 2017, and KRW 233,589 in October 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

2. An employer who violates the Minimum Wage Act shall pay the workers to whom the minimum wage is applied the wages above the minimum wage amount; and

Nevertheless, the defendant paid wages to the above D at an hourly rate of 3,681 won below the minimum wage amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of employment contracts, and four copies of deposit certificates in Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 109(1), 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); Articles 28 and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount) and the choice of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. A fine not exceeding 500,000 won to suspend the sentence;

1. Article 70(1) and Article 69(2) of the Criminal Act (one-day conversion amount: 100,000 won);

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant is the representative of honorary post C, an autonomous organization, and there are circumstances to consider each of the instant crimes, the defendant did not have any personal benefits, and the defendant was punished once by a fine in 1987.