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Defendant shall be punished by a fine of KRW 300,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the C Co., Ltd. located in Gangwon-si B, who runs the taxi transport business using 64 regular workers.
An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay wages at least 7,530 won per hour during a period from January 1, 2018 to December 31, 2018.
Nevertheless, on December 17, 2014, the Defendant paid the amount of KRW 7,279 per hour below the minimum wage amount to D, who was employed as a taxi engineer and worked as a taxi engineer on April 2018, and paid the amount of KRW 7,49 per hour below the minimum wage amount, while paying the monthly wage for June 2018.
(b) An employer shall directly pay the full amount of wages to workers in currency at least once a month on a fixed date;
Provided, That this shall not apply to extraordinary wages, allowances, or other similar payments, or those wages prescribed by Presidential Decree.
Nevertheless, the Defendant A.
As stated in paragraph (1), the difference of 11,290 won is not paid on the 10th day of the following month, which is the date of the regular payment of wages, by paying less than the minimum wage of April 2018 of workers D, and the instant indictment in June 2018 is stated as the "monthly on May 2018," but in light of the record, it is obvious that it is a clerical error in the "monthly on June 2018," and thus, it is modified ex officio as above.
As wages are paid below the minimum wage, 12,590 won in total was not paid on the 10th day of the following month, which is the date of the regular payment of wages, and it did not pay 1,300 won in total on the regular payment date of wages.
Summary of Evidence
1. Defendant's legal statement;
1. Written petition of D;
1. Employment contracts;
1. The detailed statement of salary between December 2014 and June 2018
1. Acts and subordinate statutes concerning the calculation of unpaid minimum wage;