Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who is operating the “D Motor Vehicle Research Institute” in the East Sea C.

1. Any employer who violates the Minimum Wage Act shall provide workers with wages above the minimum wage provided for in the Minimum Wage Act;

Nevertheless, from February 2010 to July 2012, the Defendant paid 3,544 won per hour during which the Defendant worked as an instructor at the Defendant’s driving school from February 2010 to December 2, 2010, to KRW 3,5833 won per hour during which the amount falls short of 4,320 won at the minimum wage rate from January 201 to December 2011, the Defendant paid 3,544 won per hour during which the amount falls short of 4,320 won at the minimum wage rate, or 3,833 won per hour during which the amount falls short of 4,580 won at the minimum wage rate from January 201 to July 2012.

Accordingly, the Defendant paid workers wages less than the minimum wage amount, thereby violating the Minimum Wage Act.

2. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred.

Although the Defendant retired from the Defendant’s driving school on July 31, 2012, the Defendant did not pay 4,160,800 won for the difference that falls short of the minimum wage, 1,420,640 won for annual leave allowances, 13,287,156 won for retirement allowances, 18,868,596 won for retirement allowances, and 14 days after the Defendant retired from the Defendant’s driving school without agreement on the extension of the period.

Summary of Evidence

1. Partial statement of the defendant;

1. The E-statement in the substitute protocol

1. An annual salary employment contract;

1. A list of benefits payment;

1. Details of the unpaid minimum wage;

1. An allowance not paid monthly leave or annual leave:

1. A statement for calculating average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the details of extended working hours and allowances;

1. Article 28 (1), Article 6 (1) of the Minimum Wage Act, Article 109 (1), and Article 36 of the Labor Standards Act, concerning facts constituting an offense;

1. From among concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act are added.