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Defendant shall be punished by a fine of KRW 500,000.
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 C representative in Gwangju North-gu, who runs the reading room operating business using three full-time workers.
1. An employer shall pay workers subject to the minimum wage at least the minimum wage determined and publicly announced by the Minister of Employment and Labor each year, and shall pay wages of at least 7,530 won per hour during the period from January 1, 2018 to December 31, 2018, and the minimum wage of at least 8,350 won per hour during the period from January 1, 2019 to December 31, 2019;
Nevertheless, from December 24, 2018 to June 4, 2019, the Defendant paid wages from December 24, 2018 to June 4, 2019 to retired workers D, and paid KRW 2,243 per annum below the minimum annual wage amount, such as the attached list of crimes.
2. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen 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, at the same place of business, paid D wages below the minimum wage amount from December 24, 2018 to June 4, 2019 by conducting general duties in reading room and paying D wages of retired workers below the minimum wage amount, and accordingly, the Defendant did not pay KRW 5,002,123, including KRW 32,643, the difference of wages in December 2018, as indicated in the attached list of crimes in the attached list of crimes, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. The defendant's partial statement in court as witness D;
1. Each police statement concerning D;
1. Application of Acts and subordinate statutes to a petition (including attached documents);
1. Relevant Article 28 (1) of the Minimum Wage Act and Articles 28 (1) and 6 (1) of the same Act concerning facts constituting an offense;