The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that the comprehensive wage system agreement with the care center F and G, who worked for E (hereinafter “the Elderly Center”), is null and void. Thus, the Defendant, the representative of the Elderly Center, both of which were violating the Minimum Wage Act and the Labor Standards Act, was established, but the lower court acquitted the Defendant of the facts charged in this case, and erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is the E representative in the building of Speaker-si, who is an employer who operates a medical care institution with 26 regular workers.

1) An employer who violates the Minimum Wage Act shall pay an hourly wage exceeding the minimum wage determined and publicly notified by the Minister of Employment and Labor to an employee subject to the minimum wage. Thus, an employer shall, during the period from January 1, 2010 to December 31, 201, pay the minimum wage rate of 4,320 won per hour during the period from January 1, 201 to December 31, 201, and the minimum wage of 4,580 won per hour during the period from January 1, 201 to December 31, 2012, and the amount equivalent to the minimum wage of 4,580 won per annum during the period from January 1, 201 to December 31, 2012. Nevertheless, the Defendant, as stated in the attached Table 36: (a) paid the difference between the hourly minimum wage of 20 days to an employee retired from work and the amount equivalent to the minimum wage of 4,580 won per month during the period from January 24, 2010.