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 is the representative of the Seo-gu parking lot C in Gwangju, who is an employer who runs parking management business using two regular workers.

1. Any employer who violates the Minimum Wage Act shall annually pay workers subject to the minimum wage, wages exceeding the minimum wage amount determined and publicly notified by the Minister of Employment and Labor;

Nevertheless, the defendant works as a parking manager from December 31, 2019 to July 31, 2020 at the above workplace.

When paying wages to retired D, 4,184 won was paid below the minimum wage rate of 2020 to 8,590 won.

2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all 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.

Nevertheless, the defendant works as a parking manager from December 31, 2019 to July 31, 2020 at the above workplace.

From January 2020 to July 2020, 5,159,140 won in total, 737,021 won in the monthly minimum wage of each month, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Written petition of D;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount), Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. The fact that all unpaid wages are deposited, the fact that there is no previous conviction, and the fact that there is a mistake in the sentencing of Articles 70(1) and 69(2) of the Criminal Act, and the age of the defendant;