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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is an employer who is a real manager of C medical care center located in Cheongbuk-do Group B, and operates a welfare facility for older persons using ten full-time workers.
(a) An employer in violation of the Minimum Wage Act shall pay workers subject to the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay wages at least 6,030 won per hour for the period from January 1, 2014 to December 31, 2014, the minimum wage per hour during the period from January 1, 2015 to December 31, 2015, the minimum wage per hour during the period from January 1, 2015 to December 31, 2015, and the minimum wage per hour during the period from January 1, 2016 to December 31, 2016.
Nevertheless, the Defendant paid an hourly rate of less than the minimum wage amount, such as the payment of monthly wages in July 2016 of D that retired from the said workplace as from September 5, 2014 to August 10, 2016, and the payment of KRW 1,137 per hour below the minimum wage amount, as in the list of crimes in the attached Form.
(b) When a worker dies or retires, an employer violating the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not extend the due date by mutual agreement between the parties, and did not pay within 14 days from August 25, 2016, as shown in the list of crimes in the attached Table, such as D's wage of 652,747 won in August 2016, which was retired from the Defendant's place of business from the said place of business from September 5, 2014 to August 10, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 109(1) and Article 36 of the Act on the Standard of Optional Labor for Criminal Facts, and Articles 109(1) and (36) of the Act on the Standard of Optional Labor.