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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is a C representative on the first and second floor of the Council, who is an employer who ordinarily employs five workers and operates convenience points.
1. An employer who violates the minimum wage law shall pay workers subject to the application of the minimum wage at least the minimum wage determined and publicly notified each year by the Minister of Labor, and shall pay the workers subject to the application of the minimum wage at least the minimum wage rate of 6,030 won per hour during the period from January 1, 2016 to December 31, 2016;
Nevertheless, the defendant worked in the above workplace from March 9, 2016 to July 18, 2016 and paid 5,000 won per hour below the minimum wage amount while paying the wages to retired workers D.
2. An employer who violates the Labor Standards Act shall, if a worker dies or retires, pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 1,642,880 won, including the difference between wages in March 9, 2016 and the total weekly paid holiday allowances, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Table, by having been employed in the above workplace from March 9, 2016 to July 18, 2016 and paying less than the minimum wage of retired workers D.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Relevant legal provisions of the relevant Act, Articles 109(1) and 36 of the Standards for Optional Labor for Criminal Facts, Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage), and the selection of fines for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.