The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of "F Child Care Center" in Busan Jin-gu, Busan, and is an employer who runs infant care service business using two full-time workers.

1. An employer who has not paid a recess shall grant a recess of not less than thirty minutes if working for four hours, or a recess of not less than one hour if working for eight hours, during work hours;

Nevertheless, the Defendant, while working in the said workplace from March 3, 2014 to May 15, 2014, had retired workers G while working in the said workplace for 8 hours to 50 minutes a day, or 9 hours and 30 minutes a day, did not cause one or more hours of recess to be during working hours.

2. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount; and

Nevertheless, from March 3, 2014 to May 15, 2014, the Defendant paid 1,100,000 won which is less than the minimum wage amount (hour 5,210 won) to employees G retired from the said workplace, on March 2014, by paying the minimum wage of KRW 1,171,360 (hour 5,210 won) as the wage of KRW 1,139,210 as the wage of April 2014, and paying the minimum wage of KRW 1,139,210,000 below the minimum wage amount.

3. From March 3, 2014 to May 15, 2014, the Defendant unpaid wages did not pay KRW 110,570,00 from the date of his/her retirement to G retired workers G, without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes, such as a copy of calendar year 2014, copy of labor contract, copy of dismissal notice, order of administrative disposition and notification of the result of disposition of case;

1. Article 110 Subparag. 1, Article 54(1) of the Labor Standards Act regarding criminal facts, Articles 110 Subparag. 1, and 54(1) of the Act on the Selection of Punishment, etc. (a violation of the Labor Standards Act due to non-assignment of hours of recess hours), Articles 28(1) and 6(1) of the Minimum Wage Act (a violation of the Minimum Wage Act),