Defendant shall be punished by a fine of KRW 3,000,000.

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

Punishment of the crime

The defendant is an employer who runs a manufacturing business using three full-time workers in D located in Bupyeong-gu Incheon Metropolitan City.

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 May 25, 201 to April 30, 2016, the Defendant paid wages below the minimum wage amount to three workers, such as paying 5,580 won per hour short of the minimum wage amount from January 25, 2015 to August 2015.

2. An employer who violates the Labor Standards Act or the Act on Guarantee of Retirement Benefits for a worker shall, where the worker dies or retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and where the worker retires, he/she shall pay the retirement allowances within fourteen days after the cause for such payment occurred;

Nevertheless, from May 25, 201 to April 30, 2016, the Defendant did not pay the total of KRW 4,526,510 and retirement allowance 2,422,290 within 14 days from the date of his/her retirement as shown in the list of crimes in the attached Table, including that the Defendant did not pay the total of KRW 13,476,175 and the total of KRW 8,235,340 within 14 days from the date of his/her retirement, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition and a statement of reference witnesses;

1. Application of Acts and subordinate statutes to the specifications of actual salary, investigation reports (to hear statements by the competent labor supervisor in charge of forwarding by telephone);

1. Articles 28(1) and 6(1) of the Minimum Wage Act applicable to the facts constituting an offense; Articles 109(1) and 36 of the Labor Standards Act; Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.