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Defendant shall be punished by a fine of KRW 500,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Reasons
Punishment of the crime
With respect to the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, the dismissal of public prosecution was decided on April 17, 2019.
The defendant is the representative of the Daegu Seo-gu District Bank Co., Ltd. and is an employer who runs a manufacturing business using two full-time workers.
An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Employment and Labor, and shall pay wages at least 7,530 won per hour during a period from January 1, 2018 to December 31, 2018.
Nevertheless, the Defendant paid 6,956 won in an hourly rate below the minimum wage amount when he paid the wages to retired workers D on December 14, 2016 through March 30, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to each investigation report (Nos. 21, 22 of the evidence list);
1. Relevant provisions of the relevant Act on criminal facts, Articles 28(1) and 6(1) of the Minimum Wage Act on the Selection of Punishment, the selection of fines (i.e., confession and rebuttals), the agreement with the victim, the same kind of fine, the fact that there is no record of punishment exceeding fines, the prosecutor’s old punishment, and other various circumstances shown in the arguments in this case);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;