A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a user who runs the tourist bus transport business using 30 full-time workers as the representative of the C Co., Ltd. located in Busan Dong-gu B building 552.

1. An employer shall pay each year wages exceeding the minimum wage determined and publicly notified by the Minister of Labor to a worker subject to the minimum wage, and the minimum wage in 2011 shall be 4,320 won per hour, the minimum wage in 2012 shall be 4,580 won per hour, the minimum wage in 2013 shall be 4,860 won per hour, and the minimum wage in 2014 shall be 5,210 won per hour.

Nevertheless, from August 16, 2010 to October 30, 2014, the Defendant paid D's wages that were retired from office as a next managing staff at the said workplace, and paid wages below the minimum wage amount by paying them as KRW 3,453 per hour from January 1, 201 to April 30, 2014.

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;

Nevertheless, the Defendant, from August 16, 2010 to October 30, 2014, did not pay the difference between D’s actual wages and minimum wage paid to D, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline between them.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. A complaint and a petition;

1. Application of Acts and subordinate statutes concerning static materials, such as wages in arrears;

1. Article 28(1) and Article 6(1) of the Minimum Wage Act applicable to the facts constituting an offense; Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers’ Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 62(1) of the Criminal Act (the fact that the crime is committed and the fine is imposed);