The Defendant was in charge of production (Engine assembly) operations from January 3, 2013 to February 28, 2018 and did not pay the total amount of KRW 749,722, as shown in the attached Form, as well as KRW 234,90 of wages of D on January 1, 2018, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Determination

A. The instant indictment was instituted on the premise that the Defendant had not paid wages equivalent to the difference in the minimum wage amount.

B. Article 6(1) of the former Minimum Wage Act (amended by Act No. 15666, Jun. 12, 2018) provides that “an employer shall pay a worker subject to the minimum wage at least the minimum wage amount.” Article 6(4) of the same Act and Article 2 and attached Table 1 of the former Enforcement Rule (amended by Ordinance of the Ministry of Employment and Labor No. 240, Dec. 31, 2018) provide that the scope of wages that are not included in “wages for application of the minimum wage” (hereinafter “wages subject to the minimum wage”).

Therefore, whether the paid wage falls short of the minimum wage should be determined by comparing the paid wage with the minimum wage amount, excluding the wage or allowance prescribed in Article 6(4) of the Minimum Wage Act and attached Table 1 of Article 2 of the Enforcement Rule of the same Act.

In the instant case, according to the evidence submitted by the Prosecutor, the wage to be included in the comparative wage out of the amount paid by the Defendant is deemed as follows, and the weekly holiday allowance and bonus are regularly paid once a month for the prescribed work and do not constitute the subject of the exception. Therefore, the comparative wage in the instant case is the subject of the exception.