A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is the representative of the cafeteria in the first floor of the Seo-gu building in Gwangju, and the user who has run the restaurant business using two full-time workers.

1. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage amount annually the minimum wage amount determined and publicly announced by the Minister of Employment and Labor, and shall pay the minimum wage amounting to at least 6,030 won per hour for 2016 and the minimum wage amounting to at least 6,470 won per hour for 2017;

Nevertheless, the Defendant paid an hourly amount of KRW 4,792, and KRW 5,431 per hour from October 4, 2016 to May 26, 2017 to retired workers D while working in the foregoing workplace, from October 2016 to December 2, 2016, from March 2017 to April 2017, and paid an hourly amount of KRW 5,431 per hour below the minimum wage.

2. Where a worker dies or retires, the employer in violation of the Labor Standards Act (including payment of wages, etc.) shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant had worked in the above workplace from October 4, 2016 to May 26, 2017, and had retired workers D, and had not paid the total amount of KRW 3,396,011 as stated in the attached crime list, including KRW 24,729, which is the minimum wage difference, to the retired workers D, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement on extension of payment between the parties concerned.

3. An employer in violation of the Labor Standards Act (which means the failure to prepare a written contract and the failure to provide a written contract) shall specify wages, contractual working hours, holidays under Article 55 of the Labor Standards Act, annual paid leaves under Article 60 of the Labor Standards Act, and other working conditions prescribed by Presidential Decree in concluding an employment contract, and shall also specify the constituent items, calculation method, payment method, prescribed working hours, holidays under Article 55 and annual paid leaves under Article 60 of the same Act