The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the D Licensed Real Estate Agent Office in Songpa-gu Seoul Metropolitan Government 162, who runs real estate brokerage business using two full-time workers.

1. An employer who remains unpaid shall pay the wages above the minimum wage amount to the workers to whom the minimum wage applies;

Nevertheless, on August 2014, the Defendant paid KRW 1,000,000, which is less than the minimum wage amount of KRW 1,094,100 (=5,210 x 210 hours) to E working at the above workplace.

2. An employer who breaches an obligation to specify an employment contract shall specify working conditions, such as wages, contractual work hours, holidays, annual paid leave, etc., to the workers when concluding the employment contract, and shall deliver to the workers a written document specifying the items of wages, calculation method, payment method, contractual work hours, holidays, etc.;

Nevertheless, when concluding a labor contract with E on June 10, 2014, the Defendant did not specify working conditions in relation to the constituent items, calculation method, payment method, contractual work hours, holidays, etc. of wages, and did not deliver the document specifying the above working conditions.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement to E by the police;

1. A table of calculation of brokerage commission;

1. Copy of business registration certificate;

1. Application of Acts and subordinate statutes on payment of wages;

1. Relevant Article 28(1) and Article 6(1) of the Minimum Wage Act regarding the facts constituting an offense, and Articles 114 subparag. 1 and 17 of the Labor Standards Act (a violation of the duty to specify in the labor contract);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 59 (1) of the Criminal Act (Taking into account all the circumstances, such as the fact that the defendant is making a confession and the circumstances leading to the instant case);