The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant, as the representative of Yeongdeungpo-gu B located in Yeongdeungpo-gu, is an employer who runs a personal service business using two full-time workers.

1. Although an employer who violates the Minimum Wage Act pays workers subject to the minimum wage to pay wages above the minimum wage amount, the Defendant did not pay wages above the minimum wage amount to workers D who worked in the above C from May 28, 2016 to January 13, 2017.

2. An employer in violation of the Labor Standards Act did not pay 3,305,562 won, including the difference between the minimum amount of wages and the actual amount of payment, within 14 days from the date of the occurrence of the cause for such payment, to the worker D who worked as shown in paragraph 1 of the above Article, unless there is an agreement between the parties concerned, within 14 days from the date of the retirement without any agreement between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant Articles 28(1), 6(1) (outstanding of the minimum wage) of the Minimum Wage Act concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act (outstanding of the minimum wage), and the choice of fines, respectively;

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

1. Penalty of one million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e., Supreme Court Decisions 201Do111, Apr. 1, 2011; 201Do1111, Apr. 2, 2011