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 a D representative in Busan Jin-gu C who is engaged in service business with seven full-time workers.

1. An employer shall pay workers subject to the minimum wage rate at least the minimum wage determined and publicly announced by the Minister of Labor each year, and shall pay wages at least 5,580 won per hour during the period from January 1, 2015 to December 31, 2015;

Nevertheless, the Defendant paid KRW 3,541 per hour which falls short of the minimum wage amount while paying the amount of wages for March, April, and May, 2015 to E who retired from the said place of business from office from March 6, 2015 to May 7, 2015.

2. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 94,598 in total, including KRW 386,090 in March 6, 2015 and KRW 513,090 in April 2015, and KRW 95,418 in May 2015, within 14 days from the date on which the grounds for payment occurred, without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of confirmation of the fact, such as telephone, etc. (E), employment contracts of probationary employees, and bank transaction details;

1. Relevant Articles 28(1) and 6(1) of the Minimum Wage Act concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, and the choice of fines for negligence;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;