Defendant shall be punished by a fine of 200,000 won.

The above fine shall not be paid by the defendant.

A. The Defendant, who is guilty of the fact, paid the amount of wages to the workers above the minimum wage, and even if there was no intention to pay the minimum wage, the lower court erred by finding the Defendant guilty.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. ex officio decision of the court below, the prosecutor applied for changes in indictment with respect to workers F and E as stated in the following facts. This court's permission was changed by this court. The part on workers F and E and the part on workers D are concurrent crimes in the former part of Article 37 of the Criminal Act, and the judgment of the court below cannot be maintained in its entirety.

B. The assertion on the employee D is still subject to the judgment of this court, and the assertion of mistake about the violation of the Labor Standards Act and the minimum wage law against the employee D even though there is a ground for reversal of the above authority as above.

Of the facts charged in the instant case, the unpaid portion of wages for workers D, including the paid hours, shall be 203 hours, which are 203 hours, including the paid hours, and shall be calculated by calculating the monthly minimum wage amount on the premise thereof.

However, in light of the following circumstances recognized by the relevant laws and regulations and the court below's ruling and the evidence duly adopted and examined, it is difficult to view that the weekly holiday hours are included in the prescribed working hours.

① The term “regular working hours” means working hours determined between an employee and an employer within the scope of working hours under Article 50 and the main sentence of Article 69 of the Labor Standards Act or Article 46 of the Industrial Safety and Health Act (Article 2(1)7 of the Labor Standards Act), which is distinguishable from the actual working hours.

(2) Article 6 (2) 3 and 6 (2) of the Enforcement Decree of the Labor Standards Act.