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The judgment of the court below is reversed.
The sentence of sentence shall be suspended for the defendant.
Reasons
1. The Defendant was indicted on the charge that he did not pay the difference between the minimum wage amount and the weekly holiday allowance. The lower court convicted the Defendant of the foregoing charges and sentenced the Defendant to a fine of KRW 200,000.
The defendant appealed against the above judgment, and the court prior to the remand dismissed the appeal on the grounds as stated in its reasoning.
On the other hand, the Supreme Court revised the proviso of Article 5(2)1 of the Minimum Wage Act (amended by Act No. 11278, Feb. 1, 2012) as to the defendant's failure to pay the difference between the minimum wage amount and the defendant among the above facts charged.
7.1. The Minimum Wage Act newly established under the Minimum Wage Act, which was effective as of January 6, 2012, and the defendant was prosecuted for failing to liquidate wages, etc. within 14 days from January 6, 2012, which was the date of his retirement. Thus, if the defendant and E concluded a labor contract with the contents of payment of wages calculated by subtracting 10/100 of the statutory minimum hourly wage amount from the statutory minimum hourly wage amount for three months during the probation period, the defendant is obligated to pay only agreed wages for three months during the probation period regardless of the work period stipulated in the labor contract, and the violation of Article 36 of the Labor Standards Act with respect to the excess portion is not established, and the judgment of the court prior to remand was reversed and remanded to this court on the ground that the above part was related to the remaining guilty portion of the defendant.
2. Summary of grounds for appeal;
A. In concluding a labor contract with E, the Defendant agreed to pay KRW 3,800 per hour less 10% of the minimum wage amount, and this is in accordance with the Enforcement Decree of the Minimum Wage Act that “a person who is in a probationary period and is within three months from the date on which the probation was used,” the Defendant may pay an amount calculated by subtracting 10% from the hourly minimum wage amount.