Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant, as the representative of the C cafeteria located in Busan-gun, is an employer who runs a Chinese restaurant using five full-time workers.

1. An employer shall pay workers subject to the minimum wage at least the minimum annual wage determined and publicly notified by the Minister of Labor each year, and shall pay wages at least 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;

Nevertheless, the Defendant paid D’s wages to those retired from the said workplace as a main subsidy from August 10, 2016 to October 21, 2017, and paid 5,390 won per hour below the minimum wage amount from August 10, 2016 to November 9, 2016.

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, as described in paragraph 1, the Defendant did not pay to D KRW 711,390 in the difference below the minimum wage from August 10, 2016 to November 9, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.

3. When a worker retires, an employer shall pay the retirement allowance within fourteen days after the cause for such payment occurs;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 3,339,971 of D's retirement pay for the period specified in paragraph 1 within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without agreement between the parties on the extension of the payment deadline.

4. An employer shall pay wages to workers, prescribed working hours, and holidays under Article 55 when concluding a labor contract.