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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative of Seo-gu (Seak) Seoul located in Seo-gu and 203, who runs real estate and service business using four regular workers.
1. An employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified annually by the Minister of Employment and Labor, and shall pay wages of at least 4,860 won per hour and at least 210 won per hour during the period from January 1, 2013 to December 31, 2013, and wages of at least 5,210 won per hour during the period from January 1, 2014 to December 31, 2014;
Nevertheless, the Defendant is working from August 10, 2013 to April 30, 2014 at the above workplace.
From August 2013 to December 2013, 2013, the retired D paid approximately KRW 4,227 won ( KRW 900,000/212.92 hours) per hour below the minimum wage amount as wages, and paid KRW 950,00 per month as wages from January 2014 to April 2014, KRW 4,462 ( KRW 950,000/212.92 hours) below the minimum wage amount.
2. Violation of the Labor Standards Act
(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;
Nevertheless, the defendant is working as described in paragraph (1).
By paying wages below the minimum wage amount from August 2013 to April 2014, 2014 to retired D, 134,368 won for August 2013, 2013, 134,791 won for each month from September 2013 to December 2013, and 159,313 won for each month from January 2014 to April 2014, the unpaid wage was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
(b) When an employer intends to dismiss a worker, it shall give the advance notice at least thirty (30) days prior to the dismissal and thirty (30) days prior to the dismissal.