The Defendant was employed by the Defendant from January 1, 2013 to February 29, 2016, and served as security guards in Seongdong-gu Seoul Metropolitan Government F apartment and did not pay KRW 1,61,418 in total of wages, as stated in the attached crime list, as well as KRW 139,968 in G retired from office, within 14 days from the date of retirement, without any agreement on the extension of payment period between the parties concerned.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone submitted by the prosecutor is obliged to pay G wages to G during the remaining hours indicated in the facts charged.

It is difficult to see, and there is no other evidence to acknowledge it.

① On December 21, 2006, E Co., Ltd. (hereinafter referred to as “E”) operated by the Defendant as the representative director, was approved to be excluded from the application of the above provisions of the Labor Standards Act concerning hours of work, recess, and holidays, on condition that he would pay night work allowances to surveillance workers who work for about 24 hours in the F apartment of Seongdong-gu Seoul pursuant to Article 61 subparagraph 3 of the former Labor Standards Act (wholly amended by Act No. 8372, Apr. 11, 2007; hereinafter “former Labor Standards Act”).

② From January 1, 2013 to February 29, 2016, G entered into an employment contract with E and worked as security guards for 24 hours in the above apartment complex. Before entering into an employment contract with G, G already obtained approval for exclusion from application to surveillance workers working in the above apartment complex pursuant to Article 61 subparag. 3 of the former Labor Standards Act. As such, Article 61 subparag. 3 of the said Act does not apply to G.

(3) 12-13 p.m. that G works without having worked for the hours of recess.