Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is an employer who runs a parking lot operation business using one full-time worker in the name of “E” in Busan Dong-gu D.

1. An employer in violation of the Minimum Wage Act shall pay the workers to whom the minimum wage is applied the wages above the minimum wage determined and publicly announced by the Minister of Labor each year, and the minimum wage determined and publicly announced by the Minister of Labor shall be 5,210 won per hour in 2014, 5,580 won per hour in 2015, and 6,030 won per hour in 2016;

The Defendant paid 3,305 won per hour to workers F retired while working in the pertinent workplace from March 12, 2014 to November 25, 2016, and did not pay wages above the minimum wage.

2. When a worker dies or retires, the employer who violates the Labor Standards Act and the Guarantee of Retirement Benefits of the worker shall pay the wages, retirement allowances, and all other money or valuables within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

The Defendant did not pay the total of KRW 30,832,125 of the wages and retirement allowances of workers F who retired while working in the said workplace from March 12, 2014 to November 25, 2016, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A statement of history of insured status, a parking lot report, a statement of calculation of retirement allowances, and a statement of arrears in wages;

1. Application of Acts and subordinate statutes on salary specifications;

1. Articles 28 (1) and 6 (1) of the Minimum Wage Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. The summary of the facts charged is that the Defendant ordinarily employs one worker under the trade name of “E” in Busan Dong-gu D.