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

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

Punishment of the crime

The defendant is the representative of convenience store C in Daegu North-gu, and is an employer who runs retail business using four 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, the Defendant paid D’s wages at the convenience store from March 2, 2015 to July 31, 2015, and paid D’s wages below KRW 5,580, the minimum wage amount.

2. Violation of the Labor Standards Act;

(a) An employer shall deliver the worker a document specifying the composition, calculation method, and payment method, etc. of wages when concluding a labor contract;

Nevertheless, the Defendant entered into a labor contract with D on March 2, 2015 and did not deliver a labor contract.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay KRW 1,850,448, such as D's wages, etc. that were retired while working at the above C convenience store as above, within 14 days from the date of retirement without any agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each special judicial police officer with respect to D;

1. To apply Acts and subordinate statutes to the details of arrears, details of wage payment, and copies of books;

1. Relevant Articles 28(1), 6(1) (which means the payment of wages below the minimum wage amount) of the Minimum Wage Act for criminal facts, Articles 114 subparag. 1, 17(2) (which means the delivery of labor contract) of the Labor Standards Act, Articles 109(1), 36 of the Labor Standards Act (which means the failure of liquidation of gold) and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.