The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of wages remains unpaid.

Punishment of the crime

The defendant is an operator of the CPC room and the DPC room located in Suwon-si, who runs a service business by employing at least five full time workers.

1. An employer who violates the Labor Standards Act due to overtime work exceeding statutory hours cannot allow workers to work in excess of 40 hours per week, 8 hours per day, excluding hours of recess, and even if there exists an agreement between the parties, even if the working hours per week may be extended only within 12 hours per week, the Defendant, even during the period from August 6, 2017 to August 12, 2017, had the workers E of the above paragraph (1) of this Article work in excess of 12 hours per week, as shown in the list of crimes in attached Table.

2. Although an employer who violates the Labor Standards Act due to failure to provide a written statement specifying the working conditions, did not deliver to E a written statement specifying the matters prescribed by the Labor Standards Act, such as wage constituent elements, even though the Defendant entered into a labor contract with E on July 23, 2017, even though he/she entered into the labor contract with E on July 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each complainant;

1. A complaint and a petition;

1. Application of the Acts and subordinate statutes on the monthly working hours, and the weekly working hours schedule;

1. Subparagraph 1 of Article 114 of the Labor Standards Act, Article 117 of the relevant Act on criminal facts (a violation of a duty to provide written labor, clearly stating the working conditions), subparagraph 1 of Article 110 of the Labor Standards Act, and Article 53 (1) of the relevant Act on the basis of criminal facts (a violation of a duty to provide labor restriction, and a selection of fines);

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

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant recognizes and reflects the crime, and the defendant pays the unpaid wages to E, thereby the loss of workers due to each of the above offenses is recovered.