Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is a C representative in Dongdaemun-gu Seoul Metropolitan Government B 1 and 2, who runs a coffee sales business using three full-time workers.

1. An employer who violates the minimum wage law shall pay the workers subject to the application of the minimum wage amount above the minimum wage amount;

Nevertheless, from June 9, 2014 to December 25, 2016, the Defendant worked at the above workplace and paid the employee D less than the minimum wage amount, such as the statement of payment in arrears with attached Form D, to the employee D.

2. An employer in violation of the Labor Standards Act relating to the failure to provide a labor contract shall, when concluding a labor contract, deliver such worker in writing specifying in writing the constituent elements of wages, calculation method, methods of payment, prescribed working hours, holidays, and other important working conditions;

Nevertheless, the Defendant did not prepare, in writing, a written labor contract that specifies the working conditions such as wages, while entering into an employment contract with D on June 19, 2014 with D that retired while working as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the statutes governing the place of correction;

1. Relevant legal provisions of the relevant Act concerning facts constituting an offense, Articles 28(1), 6(1) of the Minimum Wage Act (the fact that the minimum wage is unpaid, the choice of fines), and Articles 114 subparag. 1 and 17 of the Labor Standards Act (the fact that the employer violates the duty to specify working conditions);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing public prosecution under Article 334 (1) of the Criminal Procedure Act against the order of provisional payment (the violation of the Labor Standards Act due to the payment of wages, etc. and the violation of the Guarantee of Retirement Benefits of Workers);

1. The Defendant in this part of the facts charged is a C representative in Dongdaemun-gu Seoul Metropolitan Government B 1 and 2, who runs a coffee sales business using three full-time workers.

An employer shall cause death or death of a worker.