The sentence of punishment against the Defendants shall be suspended.

Punishment of the crime

On January 15, 2021, the charge of violation of the Labor Standards Act and violation of the Act on the Guarantee of Workers' Retirement Benefits was dismissed.

The Defendants, together with C and D, are employers who employ five full-time workers as joint representatives of F in Seo-gu Busan, and engage in service business.

An employer shall pay workers subject to the minimum wage to the minimum wage amount above the minimum wage determined and publicly notified by the Minister of Labor each year, and shall pay wages of at least 7,530 won per hour in 2018, and at least 8,350 won per hour in 2019.

Nevertheless, the Defendants conspired to serve in the said workplace from March 2, 2018 to April 30, 2019 (minimum wage of KRW 1,806,071), April 1, 2018, KRW 1,88,937 (minimum wage of KRW 1,81,370), KRW 1,575,836 (minimum wage of KRW 1,881,370), and KRW 36, January 2, 2019 (minimum wage of KRW 2,367,104 (minimum wage of KRW 2,376,310), and paid wages of below the minimum wage of KRW 48,457 (minimum wage of KRW 1,81,370); and

Summary of Evidence

1. Defendants’ legal statement

1. The application of Acts and subordinate statutes to report the investigation of police statements to G and H (to hear G telephone statements filed by a complainant) and to report the investigation (to exclude investigation records 152);

1. Relevant legal provisions concerning criminal facts and the Defendants’ choice of punishment: Articles 28(1) and 6(1) of the Minimum Wage Act; Article 30 of the Criminal Act; and the choice of fines

1. Sentence Defendants: Fines of 500,000 won; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (Considering that the Defendants were the first offender or did not have the same criminal record, and that they agreed with the employees);