A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. An employer who violates the Minimum Wage Act shall pay the wages above the minimum wage amount to the workers subject to the minimum wage, and the minimum wage from January 1, 2016 to December 31, 2016 shall be 6,030 won per hour, and the minimum wage from January 1, 2017 to December 31, 2017 shall be 6,470 won per hour, and the minimum wage from January 1, 2018 to December 31, 2018 shall be 7,530 won per hour, and the minimum wage from January 1, 2018 to February 31, 2019 shall be 8,350 won per hour.

From August 4, 2013 to February 28, 2019, the Defendant employed B at the same workplace operated by the Defendant and had him/her work as an employee, and paid wages applying the Si wage of 4,603 won from March 1, 2016 to May 31, 2017, and the Si wage of 4,426 won from June 1, 2017 to February 28, 2019.

2. An employer who is not paid wages or retirement allowances shall, when a worker retires, pay the wages, compensations, and other money, valuables, and retirement allowances within 14 days from the date when the grounds for such payment occurred.

The Defendant shall work from August 4, 2013 to February 28, 2019 at the same place of business.

Without agreement on the extension of the payment date, KRW 33,153,155 and retirement allowances of KRW 10,174,673 as stated in the attached Table, including KRW 810,089 on March 2016 of retired workers B, it was not paid within 14 days from the date of the above retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the details of account, wages and retirement allowances calculation statement;

1. Article 28(1) and Article 6(1) of the relevant Act on the Punishment of Minimum Wage Act (which refers to the payment of minimum wage), Article 109(1) and Article 36 of the Labor Standards Act (which refers to the payment of unpaid wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of unpaid retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act recognizes the Defendant to commit the instant crime.