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

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

Criminal facts

The Defendant, as the chairperson of the D Trade Union in the permanent residence C, is an employer who has employed four full-time workers and has run a call taxi business in the trade name of “E”.

1. An employer shall pay a worker to whom the minimum wage is applied at least the minimum wage, and shall pay wages of at least 4,860 won (2013), 5,210 won (2014), 5,580 won (2015) per minimum wage hourly rate for a period from January 1, 2013 to December 31, 2015;

However, the Defendant paid an hourly rate below the minimum amount of wages during the period of service to retired workers F, who worked from the above workplace from January 1, 2013 to August 26, 2015.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

In doing so, the Defendant paid less than the minimum wage of retired workers F working from the above workplace from January 1, 2013 to August 26, 2015, and did not pay the 13,912,000 won in total in comparison with the minimum wage within 14 days from the date of retirement without any agreement between the parties on the extension of the date.

3. When a worker retires, an employer shall pay the retirement allowance 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.

However, the Defendant did not pay KRW 2,883,538 of the retired employee’s retirement pay to the said workplace from January 1, 2013 to August 20, 2015, within 14 days from the date of the retirement, which is the date of the occurrence of the payment cause, without the agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement made by the witness F in the second public trial record;

1. E Expenditure Books;