Of the facts charged in the instant case, the payment of wages is possible.

On April 26, 2018, the Defendant was sentenced to a suspended sentence of two years for a violation of the Specialized Credit Financial Business Act at the Suwon District Court on April 26, 201, and the judgment became final and conclusive on November 28, 2018.

The defendant is a representative of building B and D in Incheon Nam-gu, Incheon, and a user who operates a general restaurant using six regular workers.

When an employer concludes a labor contract, he/she shall clearly state in writing wages, contractual work hours, weekly paid leave on holidays, etc. to workers.

Nevertheless, the Defendant did not specify in writing the working conditions through the method of preparing a labor contract with three G workers employed from June 20, 2017 in the said workplace and the F and the said workplace, who worked from May 31, 2017 to June 20, 2017, and with three G workers employed from August 13, 2017.

Summary of Evidence

1. Part of H’s legal statement;

1. Police suspect interrogation protocol of the accused;

1. A H statement;

1. Previous convictions: Criminal history records, investigation reports (a suspect's disposition and confirmation), and facts that are significant in this court [the defendant and his defense counsel are only representatives in the name of D, and the defendant asserts that the defendant is not guilty since I is the actual employer. In this regard, "employer" under the Labor Standards Act means the employer or the person in charge of business operation, or other person who acts on behalf of the employer with respect to matters relating to workers (Article 2(1)2 of the Labor Standards Act), and the Labor Standards Act does not limit the employer to the person in charge of duty to observe the provisions of Article 2(1)2 of the Labor Standards Act, but it does not necessarily require the employer, such as the person in charge of business management, to exercise actual authority over payment of wages, etc. in the labor site (see, e.g., Supreme Court Decision 97Do813, Nov. 11, 1997).