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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The Defendant is an employer who operates the “D Driving School” in the East Sea and ordinarily employs 12 workers while operating the “D Driving School” in C.
1. Any employer who violates the Minimum Wage Act shall provide workers with wages above the minimum wage provided for in the Minimum Wage Act;
Nevertheless, from Jun. 200 to Feb. 2013, the Defendant paid 4,219 won per hour during which the minimum wage rate is below 4,320 won from Jan. 201 to Jun. 201, 201, and 4,562 won per hour during which the wage rate is below 4,580 won from Jan. 2, 200 to Jul. 2012, the Defendant paid 5 employees wages below the minimum wage rate, as described in attached Table 1, from Jul. 2010 to Dec. 2012.
2. An employer who violates the Labor Standards Act or the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay all money or valuables, such as wages and retirement allowances, within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay 181,560 won in total and 15,877,730 won in total and 15,69,730 won in retirement allowances and retirement allowances and 15,696,170 won in total from June 200 to February 2013 within 14 days from the date of retirement without agreement on the extension of the date, to 5 workers E, as described in attached Table 2 from December 2012 to May 2013, the Defendant did not pay 68,843,420 won in total, including wages, etc., to 5 workers from May 2013 without agreement on the extension of the date.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Each police statement made to E, F, G, H, and I;
1. Each annual salary contract;
1. Each statement of payment of benefits, each statement of calculation of retirement benefits, and each minimum wage difference;
1.A petition for an investigation report (in case of actual payment calculation) and an investigation report.