Defendant shall be punished by a fine of 300,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a person who runs a private teaching institute business by using three full-time workers as the representative of the C(D) corporation located in Gwangju City.

(a) An employer in violation of the Minimum Wage Act shall pay the workers to whom the minimum wage is applied at least the minimum wage determined and publicly announced by the Minister of Labor each year, so that the employer shall pay 5,580 won per hourly minimum wage during the period from January 1, 2015 to December 31, 2015.

Nevertheless, the Defendant paid wages below the minimum wage amount by paying KRW 2,739 per hour to the F who had worked from May 11, 2015 to June 10, 2015 at the above workplace.

(b) An employer violating the Labor Standards Act due to the failure to pay wages shall, where the employee dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date.

Nevertheless, the defendant paid wages below the minimum wage amount to the F worker F retired from the above workplace, and the 628,463 won of June 2015 was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

(c)

An employer who violates the Labor Standards Act due to a violation of the working conditions specified in the Labor Standards Act shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to the workers when concluding the labor contract.

In such cases, matters concerning the method of calculation, payment method, prescribed working hours, holidays, and annual paid leave shall be specified in writing and delivered to the relevant worker.

Nevertheless, the defendant did not specify in writing matters concerning the working conditions of wages, etc. when concluding an employment contract with F who worked in the above workplace on May 11, 2015.

Summary of Evidence

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