The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

Defendant

A is the representative of "D" located in 18-5 at the prime City, who is an employer who employs one full-time worker and engages in telecommunications equipment sales business.

1. An employer in violation of the Labor Standards Act shall clearly state wages, contractual work hours, paid holidays, annual paid leave, and other working conditions prescribed by Presidential Decree to workers when concluding an employment contract. In such cases, matters concerning the constituent items, calculation method, payment method, contractual work hours, weekly holidays, and annual paid leave shall be specified in writing;

Nevertheless, the Defendant did not prepare a written employment contract stating matters concerning E and wages, contractual work hours, weekly holidays, and annual paid leave from October 4, 2013 to June 26, 2014 at the above workplace.

2. Any employer who violates the Minimum Wage Act shall pay workers subject to the minimum wage amount annually to the minimum wage amount higher than the minimum wage amount determined and publicly announced by the Minister of Employment and Labor, and shall pay the workers subject to the minimum wage amounting to at least 4,860 won an hourly minimum wage rate for 2013 and at least 5

Nevertheless, the Defendant did not pay wages above the minimum wage amount by paying KRW 4,184.1 per hour for 2013 and 2014 to E who worked as a salesperson from October 4, 2013 to June 26, 2014 at the above workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of replacement of the police for E;

1. Application of Acts and subordinate statutes to business registration certificates;

1. Article 114 subparagraph 1 of the relevant Act, Article 117 of the Labor Standards Act, Article 28 (1) and Article 6 (1) of the Minimum Wage Act (which means the failure to pay the minimum wage and the choice of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of 300,000 won to be suspended; and

1. Articles 70 and 69 (2) of the Criminal Act (100,000 won per day);

1. Article 59(1) of the Criminal Act of the suspended sentence is erroneous for the defendant.