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Defendant shall be punished by a fine of 1.5 million won.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of Gangnam-gu Seoul Metropolitan Government C in the first floor and is a user who operates a companion animal beauty and beauty business using eight full-time workers.
An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and pay wages of at least 6,470 won per hour during the period from January 1, 2017 to December 31, 2017, wages of at least the minimum wage of at least 7,530 won per hour during the period from January 1, 2018 to December 31, 2018, wages of at least the minimum wage of at least 8,350 won per hour during the period from January 1, 2019 to December 31, 2019, and wages of at least the minimum wage of at least 8,590 won per hour during the period from January 1, 202 to December 31, 2020, respectively.
Nevertheless, the Defendant paid KRW 1,252 per hour below the minimum wage amount to D who worked as a companion animal artist from October 16, 2017 to January 20, 2020 at the same place of business, and paid KRW 19,658,259 in total by paying an hourly rate of less than the minimum wage amount from October 2017 to January 2020, as indicated in the separate crime list, from October 2017 to January 202, the Defendant paid workers D and E an hourly rate of less than the minimum wage amount, as indicated in the separate crime list.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on the details of transfer of benefits in each police statement made to D and E, the ledger of payment of benefits, and the specifications of benefits;
1. Relevant Articles 28 (1) and 6 (1) of the Minimum Wage Act concerning facts constituting an offense and Articles 28 (1) and 6 (1) of the Act on the Selective Wages;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 50 of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act (it appears that there are circumstances under which the defendant could not pay the minimum amount of wages in the court, and that the defendant would have agreed upon the payment of all the unpaid wages to workers);
1. Article 70(1) and Article 69(2) of the Criminal Act (the above suspended sentence becomes void or becomes void) of the Criminal Act (the above suspended sentence).