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Defendant shall be punished by a fine not exceeding five hundred thousand won.
Where the defendant fails to pay the above fine, one million won shall be the one day.
Reasons
Punishment of the crime
The defendant is the C representative in Seoul Special Metropolitan City, Nowon-gu who runs a bath business with six regular workers, and the employer shall pay the workers subject to the minimum wage exceeding the minimum wage amount determined and publicly announced by the Minister of Labor each year.
Nevertheless, the defendant is working in the above workplace from October 20, 2014 to December 8, 2014.
In paying wages to retired workers D on November 2014, only an hourly amount of KRW 4,514 below the minimum wage rate of KRW 5,210 shall be paid, and only an hourly amount of KRW 2,276 shall be paid in December 2014.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes of each protocol of police statement concerning D;
1. Relevant Article 28 (1) of the Minimum Wage Act and Articles 28 (1) and 6 (1) of the same Act concerning facts constituting an offense;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act
1. When a worker retires from office, he shall pay wages, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred;
From October 20, 2014 to December 8, 2014, the Defendant is working in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.
A retired worker D’s total amount of KRW 920,880 (the difference between the minimum wage and the payment) of KRW 250,860 on November 201, 2014, and KRW 670,020 on December 2, 2014, was not paid within 14 days after the cause for the payment occurred without any agreement between the parties on the extension of the payment date.
2. Determination
(a) Crimes of non-compliance: Article 109 (2) of the Labor Standards Act;
B. Expression of intention not to punish D after the prosecution of this case
(c) Subparagraph 6 of Article 327 of the Criminal Procedure Act: Dismissal of prosecution;