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Defendant
B shall be punished by a fine of 3,000,000 won.
Defendant
B If a fine is not paid, 50,000 won.
Reasons
Punishment of the crime
From January 15, 2007 to October 5, 201, the Defendants used four full-time workers to operate the “E” in subparagraph 101 of the first floor of the D Building in Daegu Seo-gu, Daegu, and from August 2008 to October 5, 201, the Defendants used four full-time workers to operate the “G” in subparagraph 110 and 105 respectively.
1. The Defendants’ employer who violated the Minimum Wage Act shall pay wages exceeding the minimum wage amount (the hourly wage of 4,000 won from January 1, 2009 to December 31, 2009, the hourly rate of 4,110 won from January 1, 201 to December 31, 2010, the hourly rate of 4,110 won from January 1, 201, and the hourly rate of 4,320 won from January 1 to December 31, 201) to workers subject to the minimum wage.
Nevertheless, the Defendants paid 1,00,000 won monthly salary during the period of service to H of retired workers from work from around August 20, 2009 to October 4, 201. From around December 28, 2009, the Defendants paid 1,000,000 won monthly salary during the period of service to H during the period of service and paid 1,00,000 won to retired workers I during the period of service on October 4, 201, as listed in the attached list of crimes, as stated in the attached list of crimes, and paid H a wage of which total of 10,196,690 won is less than the minimum wage amount and paid I a wage of which total of 7,756,080 won is less than the minimum wage amount.
As such, the Defendants conspired to pay workers H and I wages below the minimum wage amount.
2. When a worker retires in violation of the Labor Standards Act, the employer of the defendant A shall pay all the wages, retirement allowances, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, Defendant A had worked in E from August 20, 209 to October 4, 201, and had a retired worker H below the minimum wage amount of KRW 10,196,690; from December 28, 2009 to October 4, 201, Defendant A failed to pay KRW 7,756,080, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties.
b)a summary of the evidence;