Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as a representative of C in Dongbcheon-si, is a user who uses a full-time worker and operates a service business (four day set, feet, etc.).

1. An employer who violates the minimum wage law shall pay the workers to whom the minimum wage is applied the wages above the minimum wage amount;

Nevertheless, the Defendant paid the wages to D who worked in the above workplace from November 6, 2017 to October 4, 2019, and the Defendant did not pay wages exceeding the minimum wage of 6,470 won in 2017, the minimum wage of 7,530 won in 2018, the minimum wage of 7,530 won in 2018, and the minimum wage of 8,350 won in 2019.

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, other money and other valuables, and retirement allowances within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay KRW 28,822,39, retirement allowance of KRW 2,524,459 within 14 days from the date of retirement without an agreement between the parties on the extension of payment period, as shown in the list of crimes attached hereto, to D, who worked in the above workplace from November 6, 2017 to October 4, 2019.

Summary of Evidence

1. Statement by the defendant in court;

1. A petition or employment contract;

1. To arrange the details of passbooks which are the authenticity of the police statement protocol on D, and the details of passbooks which are the truth-finding submission;

1. Application of Acts and subordinate statutes reporting investigation results;

1. Articles 28(1) and 6(1) of the Minimum Wage Act (Non-minimum Wage) of the relevant Act on criminal facts; Articles 109(1) and 36 of the Labor Standards Act (Non-Payment of Wages); Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits of Workers;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to a violation of the Labor Standards Act and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows.