Calculators & Self-ChecksProsecution Request Estimator
Paying less than the minimum wage: statutory penalty and likely requested sentence
The statutory penalty for Paying less than the minimum wage and the likely handling of the case depending on your circumstances. The results are for reference only.
- Statutory penalty
- Up to 3 years in prison or a fine of up to KRW 20 million (both may be imposed)
- Legal basis
- Minimum Wage Act, Articles 28(1) and 6(1) and (2)
- Category
- Labor · Minimum Wage Act
Calculate with your own circumstances
What the handling steps mean
- Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
- Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
- Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
- Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
- Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service
Handling standards at a glance
Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.
Formal trial (prison sentence requested)
- Likely requested sentence
- 2 years 4 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 4 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 year 4 months to 3 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year 4 months in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 1 to 2 years in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- 8 months to 1 year 4 months in prison
Formal trial (prison sentence requested)
- Likely requested sentence
- Up to 1 year in prison
Notes
- This is paying less than the minimum wage, or cutting existing wages on the ground of the minimum wage.
- Paying the underpaid wages is a mitigating factor. It is often at issue together with unpaid wages (Labor Standards Act).
Frequently asked questions
- Paying less than the minimum wage: what is the statutory penalty?
- Legal basis: Minimum Wage Act, Articles 28(1) and 6(1) and (2). Statutory penalty: Up to 3 years in prison or a fine of up to KRW 20 million (both may be imposed).
- Paying less than the minimum wage: how is the case usually handled?
- Depending on the circumstances, it may be handled as follows: Formal trial (prison sentence requested). Enter your circumstances in the calculator above to see which one applies.
Other crimes in the same category
- Interfering in the selection or placement of foreign workers, failing to take return measures, receiving money, etc.
- Unpaid wages (not paying wages, shutdown allowances or overtime pay)
- Failure to take out departure insurance or wage surety insurance (employer of foreign workers)
- Fraudulent receipt of unemployment benefits or other employment insurance benefits
- Non-payment of severance pay
- Forced labor, assault of workers, intermediary exploitation, etc.
- Breach of the duty to take safety and health measures
- Breach of the duty to take safety and health measures causing death (death of a worker)
This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.
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