The defendant shall be innocent.

The Defendant in the facts charged of this case is the representative director of Dongjak-gu Seoul Metropolitan Government building B and Category D (State) located in Dongjak-gu, who employs 4,000 full-time workers and operates a facility maintenance service business.

The employers violating the Minimum Wage Act shall pay wages above the minimum wage amount to the workers subject to the minimum wage, and the minimum wage in 2017 is 6,470 won at the beginning.

Nevertheless, from December 3, 2013 to January 31, 2018, the Defendant calculated the amount of wages below the minimum wage amount as KRW 5,455 and paid wages to E who worked in the workplace from around December 3, 2013 to January 31, 2018, and paid wages below the minimum wage amount.

When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the ground for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 2,34,530 in total amount of wages below the above minimum wage for retired workers E, and KRW 1,212,471 in total of overtime allowances, and KRW 17,821 in total of holiday allowances within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

However, Article 6(1) of the Minimum Wage Act provides that “An employer shall pay wages exceeding the minimum wage amount to a worker subject to the application of the minimum wage” in relation to whether the Defendant paid wages below the minimum wage amount and unpaid overtime allowances.

Article 2 (4) of the Labor Standards Act provides that wages, other than those paid periodically once or more a month, which are determined by the Minister of Employment and Labor (Article 2 (1) 1), contractual work hours under Article 2 (1) 7 of the Labor Standards Act, or contractual work days.