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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. The Defendant in violation of the Labor Standards Act is the representative director of the company C in the third floor of the Dongjak-gu Seoul Metropolitan Government building B, who runs transportation business using seven regular workers.
When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and where he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.
Nevertheless, the Defendant did not pay KRW 1,300,000 corresponding to the ordinary wage for 30 days as an advance notice of dismissal, to workers D who were employed on September 3, 2017 and workers E who were employed on August 1, 2017 at the same place of business, without giving 30 days’ advance notice of dismissal to each worker E who was employed on August 1, 2017.
2. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage to pay wages exceeding the minimum wage amount, 6,470 won per hour from January 1, 2017 to December 31, 2017, and 7,530 won per hour from January 1, 2018 to December 1, 2017 to the minimum wage.
Nevertheless, the Defendant paid KRW 1,352,230 per month to F who worked in the foregoing workplace from April 25, 2017 to May 1, 2018 when applying the minimum hourly wage rate in 2017, even though 1,352,230 won per month from May 2017 to November 2017, and paid KRW 1,377,990 per month from January 2018 to March 2018 when applying the minimum hourly wage rate in 2018.
As a result, the Defendant did not pay KRW 1,065,610 from May 2, 2017 to November 2017; KRW 53,970 from January 2, 2018 to March 2018; and KRW 1,973,350 in total below the minimum wage amount, such as KRW 373,770 from March 2018 to March 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. Each written petition of D, E, and F;
1. Application of Acts and subordinate statutes to the details on payment in wages, withholding receipts of earned income, and salary specifications;
1. Criminal facts;