Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is a user who has been engaged in wholesale and retail business with ten full-time workers as the representative director of C in the first floor of Dobong-gu Seoul Metropolitan Government building B.

- Violation of the Labor Standards Act and violation of the Minimum Wage Act - Since an employer pays an employee subject to the minimum wage to pay the wage above the minimum wage amount, the employer must pay the wage above the minimum wage amount of 4,860 won during the period from January 1, 2013 to December 31, 2013, at least 5,210 won at a minimum wage rate of 5,210 won during the period from January 1, 2014 to December 31, 2014, at least the minimum wage rate of 5,580 won during the period from January 1, 2015 to December 31, 2015, and at least the minimum wage rate of 6,030 won during the period from January 1, 2016 to December 31, 2016.

In addition, if a worker dies or retires, the employer shall pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant paid the amount of KRW 1,200,000 below the minimum wage as stated in the list of crimes, from that time until June 2016, to D who worked in the above workplace and retired around June 26, 2016, with the amount of KRW 1,364,202 below the minimum wage in September 2013, as well as the amount of KRW 11,491,887 below the minimum wage, and did not pay the total amount of KRW 11,491,887 below the minimum wage within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement made by the police with regard to D (including statement made by the police chief);

1. Details of confirmation of fact, such as telephone (E);

1. Application of Acts and subordinate statutes to data submitted by a complainant (including details of banking transactions received wages);

1. Relevant legal provisions of the relevant Act, Articles 109(1) and 36 of the Standard Labor Standards Act for Criminal Facts, Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages), and selection of fines, respectively;

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