The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a user who operates a taxi transportation business using 94 full time workers under the trade name of D Co., Ltd. in Busan Young-gu C.

1. An employer in violation of the Minimum Wage Act shall pay the workers subject to the minimum wage amount at least the minimum wage amount determined and announced annually by the Minister of Labor. The minimum wage amount was KRW 4,580 per hour in 2012, and KRW 4,860 per hour in 2013.

Nevertheless, from July 2012 to October 2012, the Defendant paid 4,325 won an hourly rate to E, and from August 2012 to March 2013, the amount of wages below the minimum wage amount by paying 4,545 won an hourly rate to E, who worked in the same workplace.

2. Wages in violation of the Labor Standards Act shall be paid in full directly to workers in currency;

Nevertheless, from August 2012 to March 2013, 2013, the Defendant did not pay 135,772 won in aggregate of the difference between the wages actually paid to the worker F in the workplace and the minimum wage amount for the pertinent year.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to F;

1. Application of Acts and subordinate statutes to the wage ledger;

1. Relevant Articles 28(1) and 6(1) of the Minimum Wage Act (which means the payment of wages below the minimum wage) for facts constituting an offense, Articles 109(1) and 43(1) of the Labor Standards Act (which means the payment of wages below the minimum wage), and the choice 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. Penalty fine of 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (amount of money converted to a workhouse, KRW 100,000 per day);

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2008).