The charge of violating the Minimum Wage Act is not guilty. The charge of violating the Labor Standards Act is against the Labor Standards Act.

1. The portion not guilty (the violating the Minimum Wage Act);

A. The Defendant, as the representative of Pyeongtaek-si B, is an employer who runs a general survey service business using three regular workers.

An employer shall pay wages above the minimum wage amount to a worker to whom the minimum wage is applied, and the minimum wage in 2017 is 6,470 won per hour, and the minimum wage in 2018 is 7,530 won per hour.

From July 10, 2017 to February 28, 2018, the Defendant paid 1,420,252 won in total by paying an hourly rate of less than 23,102 won out of the minimum wage every month to D, who is an employee subject to the minimum wage applied from around July 10, 2017 to February 28, 2017. From around July 2017 to December 2017, the Defendant paid 23,102 won in January 2018, and on February 2018, paid 1,420,252 won in short of the minimum wage.

B. We examine the contractual work hours, which are the premise of the instant facts charged, that the difference between the minimum wage amount and the determined amount was not paid.

Article 5 (1) 2 and 3 of the Enforcement Decree of the Minimum Wage Act provides that an amount calculated by dividing the wages paid on a weekly or monthly basis among comparable wages by the number of contractual work hours per week or per month shall be the wage per hour.

In this context, contractual work hours refer to the working hours determined between an employee and an employer within the scope of the working hours under Articles 50 and 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), and are distinct from the standard working hours for the calculation of ordinary wages, so there is no need to consider the working hours related to weekly paid holiday allowances, which are wages paid under the weekly wage system or

(1) The facts charged in the instant case are calculated by adding up working hours related to weekly holiday allowances and then calculating the difference between the minimum wage and the minimum wage. In light of the evidence presented by the prosecutor, the facts charged in the instant case is calculated.