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Defendant shall be punished by a fine of three million won.
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 a person who runs a recycling business using one full-time worker as the representative of the C located in the city of Gyeonggi-si.
1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified by the Minister of Employment and Labor each year; wages of at least 5,580 won from January 1, 2015 to December 31, 2015; wages of at least 6,030 won from January 1, 2016 to December 31, 2016; wages of at least 6,470 won from January 1, 2017 to December 31, 2017; and wages of at least 6,470 won from January 1, 2017 to December 31, 2017; and wages of at least 7,530 won from January 1, 2018 to December 31, 2018.
Nevertheless, from July 1, 2014 to June 15, 2018, the Defendant is in charge of separate collection of recyclables C.
In paying wages to retired D from office from October 2015 to June 2018, 3,15 won was paid from 2,969 won to 3,155 won each below the annual minimum wage amount, as stated in the attached Form.
2. An employer who is not paid wages or retirement allowances shall, when the worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, by providing D retired from C with wages below the minimum wage amount from October 2015 to June 2018, the Defendant, as indicated in the attached Form, did not pay KRW 28,336,247, the aggregate of the wage difference from October 2015 to June 2018, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and the Defendant did not pay KRW 6,329,080 within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.
Summary of Evidence
1. Witnesses D and E's respective legal statements;
1. Police suspect interrogation protocol of the accused;
1. The statement prepared by each judicial police officer against D;
1. Application of Acts and subordinate statutes on warning pictures of workplaces;
1. The minimum wage under Articles 28(1) and 6(1) of the Minimum Wage Act for criminal facts.