Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is an employer who is a representative director of E Co., Ltd. in the Jung-gu Seoul Special Metropolitan City D6 of Gyeonggi-gu.

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, from June 24, 2015 to January 11, 2017, the Defendant paid wages of less than KRW 5,930,228 below the minimum wage to all eight workers, as shown in the attached Table 1 re-election table 1.

2. When an employer in violation of the Labor Standards Act or the Act on Guarantee of Retirement Benefits for a worker retires, the employer shall pay the worker wages, compensations, and other money and other valuables or retirement allowances within 14 days after the ground for such payment occurred;

Nevertheless, from June 24, 2015 to January 11, 2017, the Defendant did not pay the total of KRW 6,278,468, retirement allowance 475,760, which was worked in the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties concerned, and did not pay the total of KRW 47,069,573, total of seven employees’ wages, as in the attached Table 2 re-case in the attached Table 2, within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, F, H, I, J, K, and L;

1. Application of Acts and subordinate statutes concerning each labor contract and specifications of monthly pay;

1. Articles 28(1), 6(1) (out of the minimum wage) and 109(1), and 36 (out of the amount of unpaid wages) of the relevant Act on the grounds of criminal facts, Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement of Workers (out of the amount of unpaid wages), Articles 44 subparag. 1 and 9 of the relevant Act on the grounds of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act applies to the defendant of the provisional payment order.