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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 representative of Daegu Dong-gu B, who runs retail business using one full-time worker.
1. An employer who violates the minimum wage law shall pay workers subject to the application of the minimum wage rate at least the minimum wage amount determined and publicly announced by the Minister of Labor each year, and shall pay wages of at least 5,580 won per hourly minimum wage rate during the period from January 1, 2014 to December 31, 2014; and shall pay wages of at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015;
Nevertheless, the Defendant paid in August 25, 2014 to July 21, 2015 the amount below the minimum wage amount as shown in the attached Table, such as payment of wages in August 2014, retired from the said workplace, and payment of KRW 3,689 won below the minimum wage amount.
2. When a worker dies or retires, the employer who has violated the Labor Standards Act due to the failure to pay money or valuables shall pay the wages, compensations, and all 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 in extenuating circumstances.
Nevertheless, the defendant paid wages in August 25, 2014 to July 21, 2015, retired from the above workplace and paid wages below the minimum wage in July 2015, and the defendant did not pay 3,160,960 won in the difference of wages within 14 days from the retirement date without an agreement between the parties on the extension of payment date.
3. An employer in violation of the Labor Standards Act due to the failure to provide a labor contract shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions as determined by the Presidential Decree to workers when concluding a labor contract, and the organization, calculation method and payment method of wages, prescribed working hours, holidays, and annual paid leaves.