A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is the representative of the Bupyeong-gu Incheon Metropolitan Council for Residents of Apartment C, and is an employer who runs apartment management business using one full-time worker.

1. An employer who violates the minimum wage law shall pay workers to whom the minimum wage applies the wages above the minimum wage amount;

Nevertheless, the Defendant did not pay KRW 31,802,854 in total of the minimum wage amount below the minimum wage amount, as shown in the annexed crime list, when he/she paid D retirement wages in April 22, 2014 through May 25, 2016 to D and paid wages in April 2014 to D and he/she retired from the said workplace, and paid wages in KRW 2,055 below the minimum wage amount per hour, and did not pay wages in KRW 320,495.

2. An employer who violates the Labor Standards Act shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree to workers when concluding a labor contract;

In such cases, a document stating the items, calculation method, and payment method of wages, prescribed working hours, holidays pursuant to Article 55, and annual paid leave pursuant to Article 60 shall be delivered to workers.

Nevertheless, the Defendant did not specify in writing the working conditions, including the items of wages, calculation method, payment method, prescribed working hours, and matters concerning holidays under Article 55, while entering into an employment contract with D and D workers who retired from office as of April 22, 2014.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 28 (1), 6 (1) (which means a payment below the minimum wage) of the Minimum Wage Act, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (which violates the duty to specify working conditions, etc.);

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.