A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Punishment of the crime

1. An employer who violates the minimum wage law shall pay the workers to whom the minimum wage applies, not less than the minimum wage amount;

Nevertheless, the Defendant appears to be the representative of “C”, which is a restaurant B or 111 in the branch of the Gyeonggi-si, and the “A” as stated in the D indictment, which was worked in the said workplace from January 1, 2010 to August 9, 2016, is obvious that it is a clerical error, and thus ex officio correction is made.

A. From January 1, 2015 to August 9, 2016, the Si wage of less than the minimum wage amount was paid 5,455 won.

2. When an employer who violates the provisions of the Guarantee of Retirement Benefits of Workers or the Labor Standards Act retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay KRW 10,749,240, retirement allowance of KRW 8,823,440, as the representative of the “C” as set forth in paragraph 1, and KRW 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned, from January 1, 2010 to August 9, 2016.

Summary of Evidence

1. A protocol concerning the examination of suspect of the special judicial police officer against the accused;

1. Statement made by the special judicial police with regard to D;

1. A written petition;

1. Application of Acts and subordinate statutes on investigation report (verification of minimum wage notice);

1. Article 28(1), Article 6(1) of the Minimum Wage Act (which shall not be paid at the minimum wage), Article 109(1), Article 36 of the Labor Standards Act (which shall not be paid at the minimum wage), Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which shall not be paid at the time of retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a violation of the Labor Standards Act, between violations of the Labor Standards Act and the violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment imposed on a violation of the heavier Labor Standards Act);

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;