1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The Defendant is the employer who ordinarily employs 25 workers from September 18, 2001 to September 17, 2016, who is the representative of the D Child Care Center, a public child care facility located in Nam-gu, Busan, and is operating the said Child Care Center.

1. An employer who has not given a contract for work shall clearly state wages, prescribed working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers when concluding a contract for work, and shall deliver written statements specifying the items of wages composition, calculation method, payment method, small working hours, holidays, and annual paid leaves to workers;

Nevertheless, when concluding each labor contract with E, F, G, and H who were employed as a probationary childcare teacher on January 4, 2016, the Defendant did not prepare and deliver each of the labor contracts specifying the items of wage composition, calculation method, methods of payment, small working hours, holidays, and annual paid leaves.

2. Wages unpaid shall be paid in full directly to workers in currency;

Provided, That where there are special provisions in Acts and subordinate statutes or an organization agreement, part of the wages may be deducted or paid by means other than currency.

Nevertheless, the suspect did not pay 93,446,896 won in total, including 779,204 won for overtime work in March 1, 2013 of the worker I who worked as a childcare teacher from September 1, 2003 at the above childcare center, as well as 93,446,896 won in total, as stated in attached Table 1, on the day of the regular payment of wages.

3. The hours of work between overtime workers who have worked in excess of 12 hours a week shall not exceed 40 hours a week excluding the hours of recess, the hours of work per day shall not exceed eight hours excluding the hours of recess, and if the parties agree, the hours of work may be extended up to 12 hours a week between them;

Nevertheless, there is a need to do so.