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

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

Punishment of the crime

The defendant is a business owner who is engaged in restaurant business with three regular workers in the trade name of a D cafeteria located in the city of Tong Young-si, and is an employer.

1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and announced annually by the Minister of Labor, and shall pay wages at least the minimum wage rate of 5,580 won per hour during the period from January 1, 2015 to December 31, 2015, and at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid 4,587 won per hour below the minimum wage amount while paying wages to E who retired from office as a main subsidy from September 18, 2015 to July 11, 2016 at the above workplace.

2. 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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant paid wages below the minimum wage during all the period of employment to E retired from the above workplace as management personnel from September 18, 2015 to July 11, 2016, and did not pay 4,109,190 won in the difference of the relevant wages within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without any agreement between the parties on the extension of the payment date.

3. When an employer concludes a labor contract, he/she shall clearly state in writing the constituent items of wages, prescribed working hours, holidays, annual paid leaves, and other matters concerning the working conditions prescribed by Presidential Decree for workers;

Nevertheless, the defendant did not specify in writing the working conditions, such as wages, when concluding a labor contract with workers E on September 18, 2015 at the above workplace.

Summary of Evidence

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