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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 Dongdaemun-gu Seoul Metropolitan Government, who ordinarily employs not less than five workers and operates the Smarket business.
1. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage amount (6,030 won, 6,470 won, 6,470 won, and 7,530 won, 2018) publicly notified by the Minister of Employment and Labor each year;
Nevertheless, the Defendant paid D’s wages in March 2018 to D who worked as a settlement source from July 21, 2016 to March 22, 2018 at the above workplace, and paid KRW 981,159 per month calculated by the minimum wage, but paid KRW 900,159 per month, and paid KRW 81,159 per month in excess of the difference, etc. (attached Form). In addition, the Defendant paid KRW 3,159,281 in excess of the minimum wage during D’s service period.
2. When a worker dies or retires, the employer violating the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay 3,159,281 won in total in arrears within 14 days without agreement between the parties on the extension of the due date for payment, as stated in the attached Form, including D’s wage 81,159 won in March 2018, in which the Defendant worked as a settlement source from July 21, 2016 to March 22, 2018.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness D;
1. Statement made to D by the police;
1. Business registration certificate;
1. Documents submission order, letter of reply (National Health Insurance Corporation, National Pension Service) [the business or place of business which ordinarily employs not less than five workers" under Article 11(1) of the Labor Standards Act refers to not "business or place of business with not less than five regular employees" but "business or place of business with not less than five regular employees." In this case, the term "regularly" means the state (which means the state, and the number of employees is five.