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 representative C in the Gyeongdong-gun B, who is a full-time worker and operates beauty art business using three full-time workers.

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, from March 4, 2019 to August 20, 2019, the Defendant paid KRW 1,000,000,000,000 which is the minimum wage, to D who retired from office on March 20, 2019, even though he/she paid KRW 2,392,275, which is the minimum wage, to D, as indicated in the list of crimes in the attached Table, and paid the amount of less than KRW 8,350,00 each month for six months, as indicated in the list of crimes in the attached Table.

2. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and if under special circumstances, the period may be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant, from March 4, 2019, worked in the above beauty art room from around August 20, 2019, did not pay the total of KRW 6,97,325, as shown in the separate crime list, including KRW 1,392,275, which occurred from the difference in the minimum wage in March 2019 that occurred from D’s retirement on August 20, 2019, within 14 days from the date of retirement where the cause for payment occurred, without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on a petition (D), accusation, or police statement protocol to D;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Act on the Standards for Selective Labor (in the event of failure to liquidate gold), Articles 28 and 6(1) of the Minimum Wage Act (in the event of payment below the minimum wage), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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