The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the Labor Standards Act is applicable.

Punishment of the crime

The defendant is a D representative in Kimhae-si, who employs one full-time worker and is an employer engaged in the safe retail trade.

1. The Defendant violated the Minimum Wage Act, from May 9, 2013 to November 18, 2015, paid wages below the minimum wage amount, such as the details of the difference in the minimum wage amount below the minimum wage per hour, even though he/she paid 4,860 won per hour in 2013, 5,210 won per hour in 2014, and 5,580 won per hour in 2015.

2. When concluding a labor contract with E, the Defendant did not specify working conditions such as wages, contractual work hours, holidays, annual paid leave, etc.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement of labor inspector to E;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Article 28 (1) and Article 6 (1) of the Minimum Wage Act regarding facts constituting an offense, and Articles 114 subparagraph 1 and 17 of the Labor Standards Act (a violation of the duty to specify working conditions);

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

1. Article 59(1) of the Criminal Act of the suspended sentence (including the fact that the victim does not want the punishment of the defendant, the fact that the defendant fully pays the unpaid wages and retirement allowances, such as the difference between the minimum wage accrued to the victim and the minimum wage accrued to the victim, the size of the company operated by the defendant, and the fact that there is only

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Of the facts charged in the instant case, the part dismissing prosecution under Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Labor Standards Act and the violation of the Act on Guarantee of Workers' Retirement Benefits is summary of the violation of the Labor Standards Act due to unpaid wages and the Act on Guarantee of Workers' Retirement Benefits. The Defendant’s total amount of the difference between the minimum wage and the wages actually paid to the victim E, as well as retirement allowances.