Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is an employer who runs “C” with two regular workers in Gwangju North-gu B.

When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from September 16, 2017 to January 3, 2020, failed to pay KRW 17,079,483 and retirement allowances and KRW 3,43,940 in total below the minimum wage amount as stated in the attached crime list, as well as KRW 190,387, monthly minimum wage below the minimum wage amount from September 2017, as well as KRW 17,079,483 and retirement allowances, 3,43,940 from September 16, 2017 to January 3, 202.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement to E (including the statement of the accused);

1. A written petition;

1. Details of confirmation of telephone, etc.;

1. Data acquisition report (CD arrears, CD wages, CD workers’ day wages, average wages, and retirement allowances calculation statement) [Defendants entered into an employment contract with Defendant and D through monthly wage of KRW 800,000,000, and D constitutes simple labor workers under Article 5 of the Minimum Wage Act, and thus, is not subject to the minimum wage under the Minimum Wage Act. On the other hand, Article 6 of the Minimum Wage Act provides that an employer shall pay wages exceeding the minimum wage amount to a worker subject to the minimum wage (Paragraph 1), and that the amount determined as wages under the labor contract between the employee subject to the minimum wage amount and the employer shall be deemed null and void. In such a case, even if the Defendant and D set a wage amount below the minimum wage amount under this Act, this part shall be deemed null and void.