1. The sentence shall be suspended against the defendant;

2. The charge of violating the Minimum Wage Act among the facts charged in the instant case is acquitted.

Ⅰ. The Defendant, as the representative of Gangseo-gu Seoul Metropolitan Government Company D, is an employer who runs the taxi transport business by employing 140 full-time workers.

1. An employer who violates the minimum wage law shall pay workers a minimum amount of wages above the minimum amount of wages. 4,320 won per hour for year 201, 4,580 won per hour for year 2012, and 4,860 won per hour for year 2013 are each minimum wage.

Nevertheless, the Defendant paid wages to E who were employed by the said company from June 1, 2009 to October 15, 2013, and paid wages below the minimum wage by paying KRW 4,114 per hour in 201, and KRW 4,278 per hour in 2012 and 2013.

2. When an employer in violation of the Labor Standards Act and the Guarantee of Retirement Benefits of Workers retires, the employer shall pay wages, compensations, retirement allowances, and all other money and valuables within 14 days after the ground for such payment occurred;

Nevertheless, the Defendant did not pay the above E total of KRW 10,148,950, including KRW 52,80,00 on October 2010, including the wage and retirement pay of KRW 10,148,950, including the wage and retirement pay of KRW 52,80,00, within 14 days from the date of retirement without agreement on the extension of the payment date.

Ⅱ. Determination

1. The fact that the minimum wage law and labor standard law are violated;

A. In principle, when concluding an employment contract, the employer determines the basic wage for the employee, and pays the amount by adding various allowances, such as overtime hours, holidays, and night work allowances, to the employee. However, the purport of allowing convenience in the calculation of the basic wage and inspiring employee’s desire for work by taking into account the working hours, forms of work and the nature of work, etc. is that the sum of the total amount of overtime work, etc. allowances shall be determined as monthly wages or daily wages, or a certain amount shall be paid as various allowances, without the employee’s consent.