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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant, as the representative of the “C” in Young-gu, Young-si, Suwon-si, is an employer who conducts a clothing manufacturing business using five full-time workers.
1. An employer who violates the Minimum Wage Act shall pay an employee to whom the minimum wage is applied at least the minimum wage. The minimum wage applicable in 2017 shall be KRW 6,470 per hour; the minimum wage applicable in 2018 shall be KRW 7,530 per hour; the minimum wage applicable in 2019 shall be KRW 8,350 per hour; and the minimum wage applicable in 2020 shall be KRW 8,590 per hour.
Nevertheless, the Defendant served in the above “C” from December 14, 200 to March 31, 2020 and served in the retired worker D as an employee D during the period from January 1, 2017 to March 31, 2020; and paid an hourly wage of KRW 5,980 from March 22, 2004 to May 16, 2020 to the retired worker E during the period from March 16, 2020; and paid an hourly wage of KRW 5,980 from January 1, 2017 to May 16, 2020 to the worker E during the period from February 24, 200 to March 31, 202 to the minimum hourly wage of KRW 31,300 from March 1, 2017 to March 31, 2020 to the 31.2031,205.
2. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned;
Nevertheless, the Defendant served from December 14, 200 to March 31, 2020 from March 31, 2020 from the above “C” and did not pay the total of KRW 8,639,254 of the retired workers D within 14 days from the date of retirement without agreement between the parties, as well as the total of KRW 45,60,481 of the wages of four workers, as shown in the crime list, within 14 days from the date of each retirement, respectively.
3. Violation of the Guarantee of Retirement Benefits of Workers;