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1. The defendant shall be punished by a fine of five hundred thousand won;
2. If the defendant does not pay the above fine, 10,000 won.
Reasons
Punishment of the crime
The Defendant is an employer who employs one full-time worker in the name of “C” in Daegu-gu Month B, and operates an entertainment business.
1. An employer in violation of the Minimum Wage Act shall pay an employee to whom the minimum wage is applied the minimum wage, and the minimum wage from January 1, 2019 to December 31, 2019 is KRW 8,350 per hour, and the minimum wage from January 1, 2020 to December 31, 2020 is KRW 8,590 per hour.
Nevertheless, from November 25, 2019 to January 11, 2020, the Defendant paid the wages of 2,632 won per hour to D workers who retired from the said workplace and did not pay wages of 2,632 won or more per hour.
2. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, from November 25, 2019 to January 11, 2020, did not pay KRW 2,381,150 as wages of December 2, 2019, which was part of the amount below the minimum wage amount to D workers who retired from the said workplace, within 14 days from retirement without any agreement on the extension of the payment period between the parties.
Summary of Evidence
1. Statement by the defendant in court;
2. Application of Acts and subordinate statutes on police statements made to D;
1. Article 28 (1), Article 6 (1) of the Minimum Wage Act (which means the payment of minimum wage), Articles 109 (1), 36 of the Labor Standards Act (which means the payment of unpaid wages), the selection of fines for criminal facts;
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1, 201>