Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a business owner who employs seven full-time workers as C representative director in Gangnam-gu Seoul Metropolitan Government and engages in software development and real estate rental business.

1. An employer shall pay a worker to whom the minimum wage is applied at least the minimum wage determined and publicly notified each year by the Minister of Labor, and KRW 6,030 per hour from January 1, 2016 to December 31, 2016 were the minimum wage under the Minimum Wage Act.

Nevertheless, the Defendant paid 5,587 won an hourly wage which falls short of the minimum wage amount while paying monthly wages from January 1, 2016 to April 30, 2016 to D workers who retired from office as guard employees from the above workplace.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 476,220 of the wages of retired workers D as security personnel from the above workplace from June 1, 2015 to April 30, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as shown in the list of crimes attached hereto.

Summary of Evidence

1. Part D of the protocol concerning the examination of suspect of the police against the accused;

1. Each police statement made to D or E;

1. Submission of written complaints, written statements, written complaints, and materials;

1. Application of Acts and subordinate statutes, such as a wage ledger, workplace card, building management contract, labor contract, personal history for purchasing employment insurance, average wages and retirement allowances;

1. Relevant legal provisions concerning criminal facts, Articles 28(1), 6(1) of the Minimum Wage Act (which means payment below the minimum wage), Articles 109(1) and 36 of the Labor Standards Act (which means overdue payment of wages), and the choice of fines for negligence (which means that the Defendant was not aware of the provisions related to the minimum wage law and the details publicly notified of the minimum wage amount).