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Defendants shall be punished by a fine of two million won.
In the event that the Defendants did not pay the above fines, only 100,000.
Reasons
Punishment of the crime
1. The Defendant (A) is the actual business owner E of the building No. 3 of the Daegu-gu Suwon-si Building C, and is an employer who ordinarily employs two workers and operates restaurant business (sub-sale). The Defendant (B) is an employer who runs the above establishment for the Defendant as a business manager.
An employer shall pay workers subject to the minimum wage at least the minimum wage determined and announced annually by the Minister of Employment and Labor, and shall pay wages at least 8,350 won from January 1, 2019 to December 31, 2019.
Nevertheless, the Defendant (A) and the Defendant (B) have worked from April 6, 2019 to June 23, 2019.
When paying wages to retired FF from April 2019 to May 2019, it paid wages to 569,068 won in April 2019, and to 629,466 won in May 2019 each below the minimum wage amount, 7,025 won in hourly rate and 6,912 won in hourly rate.
Article 6 of the Minimum Wage Act
(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.
Nevertheless, the Defendant (A) and the Defendant (B) have worked from April 6, 2019 to June 23, 2019.
The retiredF did not pay 3,228,001 won in total, including the minimum wage in April 2019, the difference of 569,068 won, the difference of the minimum wage in May 2019, 629,46 won, and the wage of 2,029,467 won in June 2019, within 14 days from the date of retirement, without an agreement between the parties on extension of the due date.
(Article 36 of Labor Standards Act)
(c) An employer shall clearly state wages, contractual work hours, holidays referred to in Article 55, annual paid leaves referred to in Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;
In such cases, wages.