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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of CD located in Gyeonggi-do, and is an employer who runs plastic raw material manufacturing business using two full-time workers.
(a) An employer who violates the minimum wage law shall pay the worker to whom the minimum wage is applied the hourly wage of 5,580 won in 2015, and the hourly wage of 6,030 won in 2016;
Nevertheless, the Defendant calculated the hourly wage as KRW 5,319 in terms of hourly rate from March 24, 2015 to June 25, 2016, and KRW 752,121 in total in terms of hourly rate for the period from March 24, 2015 to May 5, 2015, and KRW 5,676 in terms of hourly rate for the period from January 24, 2016 to June.
(b) When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 752,121 in total (minimum wage difference) as shown in the attached crime list, such as KRW 18,984, March 24, 2016, to E who worked at the above workplace from March 24, 2015 to June 25, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
(c)
Any employer who violates the Guarantee of Retirement Benefits of Workers shall, when the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay 2,115,242 won of retirement allowances to E who worked in the above workplace from March 24, 2015 to June 25, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. The defendant's legal statement (as at the third public trial date);
1. Jiny;