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

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is a user who operates a C convenience store in Gwanak-gu in Seoul Special Metropolitan City.

1. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount;

From November 21, 2018 to April 23, 2019, when the Defendant paid monthly wages to D workers who worked at the above convenience store, the Defendant paid wages below the minimum wage amount, such as paying wages calculated based on the minimum wage rate of 7,530 won in 2018 and the minimum wage rate of 8,350 won in 2019, below the minimum wage rate of 6,50 won in 201.

2. An employer violating the Labor Standards Act shall pay a worker wages exceeding the minimum wage amount, and when the worker dies or retires, he shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

The Defendant, as described in paragraph (1), did not pay to D workers who worked at the above convenience store from November 21, 2018 to April 23, 2019, KRW 1,006,315, and weekly leave allowances of KRW 906,217, and wage of April 1, 2019 within 14 days from the date of retirement without agreement between the parties to extend the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement to D of the police interrogation protocol of the accused, details of the amount in arrears, photograph of wage ledger (work slip), business registration certificate, wage ledger, employment contract, and Acts and subordinate statutes to calculate the amount in arrears;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act, Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Articles 28 (1) and 6 (1) of the Minimum Wage Act (which refers to the failure of liquidation of money and goods), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;