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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Minimum Wage Act, E’s assertion on the probation period was during the probation period from January 1, 2013 to March 2013, 2013, and only wages exceeding 90% of the minimum wage are paid to an employee during the probation period. The Defendant paid E 4,530.60 won per hour exceeding 90% of the minimum wage from January 5, 2013 to March 3, 2013; 2) F’s assertion on the improvement cost of treatment, upon entering into a labor contract with the branch of the instant medical care center (hereinafter “instant branch”). From January 5, 2015 to December 31, 2015, the Defendant agreed to provide the instant branch of the medical care center with KRW 6,530,60 for the improvement cost of treatment.
Therefore, even if F worked in the instant sub-committee only until September 9, 2015, the Defendant is entitled to pay F 35,000 won only for the treatment improvement expenses until December 2015. As such, the Defendant’s wage paid to F from September 2015 to December 2015 should be deducted only the above KRW 35,000 per month. If the Defendant’s wage is deducted, the wage that the Defendant paid to F exceeds the minimum wage.
3) The Defendant alleged intentional violation of the Minimum Wage Act committed with respect to the pertinent worker’s wage calculation work, and paid wages to E and F in accordance with his opinion. As such, the Defendant did not have any intention to violate the Minimum Wage Act. (4) Article 11(2) of the Ministry of Health and Welfare, which provides for the cost for improving treatment regarding the deletion of the provision on the grounds for the improvement of treatment treatment, was deleted on January 12, 2018. This is based on the reflective consideration that the Defendant had any unreasonable and excessive burden on the business owner. Therefore, the Defendant should not be punished on the ground that the amount of wages after deducting the cost for improving treatment falls short of the minimum wage.
B. As to the violation of the Labor Standards Act, the Defendant asserted 1 recess hours, including E and F, medical care center of this case.