Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is an actual manager of the DMoel in Dongdaemun-gu Seoul Metropolitan Government, who runs a lodging business using five full-time workers.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage amount annually determined and announced by the Minister of Labor to the minimum wage amount above the minimum wage amount determined and announced by the Minister of Labor; the minimum wage in 2013 is hourly 4,860 won; and the minimum wage in 2014 is hourly 5,2

Nevertheless, the defendant paid an hourly rate below the minimum wage, such as the attached list of crimes, to E who worked from August 28, 2013 to August 26, 2014 at the above workplace.

2. Where an employer violating the Labor Standards Act retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay KRW 5,898,560, total of the difference between the wages actually paid and the minimum wage, as stated in the column for “amount of wage difference” in the attached crime list, to E, who worked in the said workplace from August 28, 2013 to August 26, 2014, without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Partial statement of the defendant (as at the fifth public trial date);

1. Legal statement of witness F;

1. The portion of the witness E's statement in the fourth public trial protocol;

1. Application of the statutes on labor contracts;

1. Relevant Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage amount) for criminal facts, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines for negligence;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The claim 1. E is the telecomter’s service.