A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a person who operates D, a general restaurant in Seongbuk-gu, Changwon-si C.

The Defendant had worked in the above restaurant from September 25, 200 to April 21, 2012 and retired from office, and had not paid the wages of 7,648,000 won from April 28, 209 to December 12, 2009 (=956,000 won x 8 months), wages of 11,787,480 won (=982,290 won x 12 months) from January 201 to December 12, 201, wages of 12,389,760 won (i.e., 03,032,480 won x 12 months x 12 months x 12,480 won) from January 28, 201 to December 3, 208; and (ii) had not paid the total of wages of 3,283,864 won from January 26, 2012 to December 3, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Determination of the Defendant and defense counsel’s assertion in the investigation report (calculated of unpaid wages)

1. The claimant and E’s mother, G and Dong F, have reached an agreement on the payment of wages and retirement allowances to employ E without wage. As such, the defendant is not obligated to pay E wages and retirement allowances.

2. Determination

A. In a case where the Defendant’s restaurant falls under the workplace to which the Minimum Wage Act applies (Article 3 of the Minimum Wage Act), and the Defendant has not obtained authorization to exclude the application of the minimum wage, the Defendant shall pay E wages exceeding the minimum wage amount.

(Article 6(1) and 7 of the Minimum Wage Act, and the amount of unpaid wages and retirement allowances were calculated based on the minimum wage).

In addition, according to the above evidence, it is difficult to deem that there was an agreement between the Defendant and E on the payment of E wages, and the agreement on such payment of wages is made pursuant to Article 6(3) of the Minimum Wage Act.