The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the C Job Referral in Geumcheon-gu Seoul Metropolitan Government, who employs one full-time worker and operates a service business (vocational placement).

(a) An employer shall pay workers to whom the minimum wage is applied the minimum wage amount above the minimum wage determined and publicly announced by the Minister of Labor each year, and shall pay 5,580 won per hour the minimum wage during the period from January 1, 2015 to December 31, 2015;

Nevertheless, the Defendant paid KRW 5,263 in an hourly rate of less than the minimum wage of KRW 5,580 from January 3, 2014 to November 4, 2015 to D who retired from the said workplace as the Defendant had worked in the workplace from November 3, 2014 to November 4, 2015.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 6,220 won in total, and 662,200 won in total, from January 3, 2015 to October 4, 2015, as the minimum wage difference, to D retired from the said workplace, to November 4, 2015, without an agreement between the parties on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the labor supervisor for D;

1. Application of the statutes on standard labor contracts;

1. Relevant Articles 28(1) and 6(1) of the Minimum Wage Act (which means payment of an amount below the minimum wage) for criminal facts, Articles 109(1) and 36 of the Labor Standards Act (which means payment of an amount below the minimum wage), and selection of fines for negligence;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the primary charge, the difference between the wages paid and the minimum wage is significant.