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Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant is the representative of the D Center in Seongbuk-gu, Sungnam-si, who is an employer who conducts educational services (special child education) using seven full-time workers.
(a) An employer shall pay the workers to whom the minimum wage applies wages above the minimum wage;
Nevertheless, the Defendant did not pay KRW 4,094,415, total of the minimum wage during the period of service, such as the difference of the minimum wage in November 2014, to E, who worked from April 20, 2014 to August 22, 2016 at the same workplace.
(b) 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;
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 4,094,415, total amount of the minimum wage during the period of service, such as the difference of the minimum wage in November 2014, to E, who worked from April 20, 2014 to August 22, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.
(c)
When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant did not pay 581,869 won difference in retirement allowances to E who worked from April 20, 2014 to August 22, 2016 at the above workplace within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. A copy of the form of the labor contract, resignation, and the details of passbook transactions [the defendant and defense counsel shall be the administrative staff, while E is working hours (from 12:0 to 19:00) on the characteristics of the business.