Text
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The Defendant is an employer who operates service business by using eight full-time workers as the representative of the “Dracka” workplace located under the first floor of the Cbuilding when light lighting.
1. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount;
Nevertheless, on June 2008, the Defendant paid wages below 4,184,100 won in total as shown in the attached list of crimes, such as paying less than 35,020 won in the minimum wage amount to E, who was engaged in the management of spawn, remaining sugar and store at the above workplace, etc.
2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total amount of KRW 13,276,220 as indicated in the attached Table of Crimes, such as that he did not pay KRW 962,760 to E, a worker who was engaged in the management of spawn and spawn in the above workplace on June 2008.
3. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Nevertheless, the Defendant did not pay KRW 4,103,010 as retirement allowances to E to workers who managed a private house and a shop from December 20, 2006 to August 16, 2009.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made in F in the third protocol of the trial;
1. E statements in the fourth trial records;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant provisions of the Act on the Guarantee of Workers' Retirement Benefits and Articles 28 and 6(1) of the former Minimum Wage Act (Act No. 8964), Articles 109(1) and 36 of the former Labor Standards Act (Act No. 9038), Articles 31 and 9 of the former Act on the Guarantee of Workers' Retirement Benefits (Act No. 1039), and selection of each fine for negligence;
1. The former part of Article 37 of the Criminal Act, and Article 38(1)2 of the Criminal Act, which increases concurrent crimes;