Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a person who operates an “E cafeteria” jointly with wife C by using five full-time workers in Busan East-gu D.

1. An employer who violates the Minimum Wage Act shall pay workers wages exceeding the minimum wage amount. From January 1, 201 to December 31, 2010, hourly 4,110 won, hourly 4,320 won from January 1, 201 to December 31, 2011, hourly 4,580 won from January 1, 201 to December 31, 201, hourly 4,860 won from January 31, 201 to December 31, 2012, hourly 4,580 won, and hourly 4,860 won from January 1, 201 to December 31, 2012.

Nevertheless, in collaboration with C, the Defendant is working in the above restaurant from March 31, 2010 to January 31, 2013.

When paying the wage from June 2010 to May 201, the retiredF paid the hourly wage of 3,700 won, the hourly wage of 3,964 won, the hourly wage of 3,919 won, the hourly wage of 3,919 won from July 201 to August 2012, the hourly wage of 4,058 won, while paying the monthly wage of 3,919 won, the hourly wage of 4,328 won from October 2012 to January 2013, the hourly wage of 4,328 won, respectively, was paid.

2. The Defendant in violation of the Labor Standards Act and the Guarantee of Workers’ Retirement Benefits Act are jointly with C and are working as above.

The F’s total amount of wages and retirement allowances of 12,063,218 won (retirement allowance of 4,932,988 won, annual leave allowance of 1,132,80 won, minimum wage difference of 5,97,430 won) was not paid within 14 days from the date of retirement of F without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Legal statement of witness F;

1. Some of the interrogation records of each prosecutor's office against the defendant;

1. Each police statement concerning G and F;

1. Application of Acts and subordinate statutes publicly notifying the calculation of average wages and retirement allowances from 2010 to 2013;

1. Relevant Articles 28(1) and 6(1) of the Minimum Wage Act; Article 30 of the Criminal Act; Articles 109(1) and 36 of the Labor Standards Act; Article 30 of the Criminal Act; the Guarantee of Workers’ Retirement Benefits Act.