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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is an employer who is the representative of the building B building dynasium and operates the building management business by employing six full-time workers in Ansan-si.

The defendant is engaged in parking management and surveillance work as security guards in the above workplace.

From January 1, 2013 to February 28, 2013, retired workers C paid wages of 276,837 won less than the minimum wage of 1,170,000 won each month and paid wages of 553,674 won less than the minimum wage of 1,46,837 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the complainant to C;

1. Application of Acts and subordinate statutes on employment contracts (2013);

1. Articles 28 and 6 (1) of the Minimum Wage Act concerning the facts constituting an offense;

1. Optional fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. From March 1, 2010 to December 31, 2012, the Defendant paid workers C wages less than the minimum wage amount, such as the statement of short of the minimum wage amount in attached Form 3, to workers C.

2. As there is no evidence to prove that the defendant was the employer of C during the above period, not guilty should be pronounced pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found that the defendant guilty of violating the Minimum Wage Act, which is a single comprehensive crime, the sentence of innocence shall not be

Public Prosecution Rejection Parts

1. Summary of the facts charged

A. From March 1, 2010 to February 28, 2013, the Defendant did not pay C wages of KRW 4,665,140, monthly unused allowances of KRW 449,69,694, annual unused allowances of KRW 554,668,816, which is below the minimum wage amount, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties concerned.

B. The Defendant did not pay C 1,310,570 won for the difference in retirement allowances based on the minimum wage base, within 14 days from the date of retirement without an agreement between the parties concerned on the extension of the due date.

2. The victim C is a victim of this case.