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A defendant shall be punished by a fine of 400,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of E farm in Spocheon-si, who operates a livestock industry using four full-time workers.
1. An employer who violates the Minimum Wage Act shall pay the workers to whom the minimum wage is applied the wages above the minimum wage amount;
Nevertheless, the Defendant paid the amount below the minimum wage (5,210 won in March 1, 2014, and 5,580 won in July 2015) to the employee F, who was in office from March 1, 2014 at the above workplace, from March 2014 to July 2015. This part of the facts charged is specified in detail the amount below the minimum wage. However, the elements for the violation of the minimum wage law themselves do not require the specification of the amount of the wage paid below the minimum wage, and it is judged that the amount of the unpaid wage is in violation of the Labor Standards Act. Thus, even if the amount of the wage is not specified in the facts charged of the violation of the Minimum Wage Act, there is no disadvantage to the Defendant’s exercise of his right to defense.
Therefore, the amount of wages paid under the actual minimum wage does not separately be specified in the criminal facts of this part.
2. Wages in violation of the Labor Standards Act shall be paid in full directly to workers in currency;
Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of wages may be deducted or paid by means other than currency.
Nevertheless, the Defendant did not pay 3,94,120 won (245,350 won each month from March 1, 2014 to July 2015, and 369,300 won each month from January 1, 2015 to April 2015, and 21,140 won each month from May 1, 2015 to July 2015.
Summary of Evidence
1. Each legal statement of witness F, G, H and I;
1. Application of statutes to inquire into history of employment insurance;
1. Article 109(1) and Article 43 of the Act on the Standards of Optional Labor for Criminal Facts, and Articles 109(1) and 43 of the Act on the Standards of Optional Labor (the point of payment of wages).