The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a business owner of the Dental Care Center located in Nam-gu Incheon Metropolitan City, who runs a social welfare facility business using 48 regular workers.

An employer shall directly pay wages to workers in currency at least once a month on a fixed date.

Although the Defendant pays 100,000 won per month for the improvement of treatment of caregivers, the Defendant did not pay 4,800,000 won per person (1,20,000 won per day) for each benefit payment day (10 days per month) from March 2013 to February 2014, four members including workers E, F, G, and H, including workers E, G, and H.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of replacement of the police with the accused and I;

1. Statement to J police officers;

1. Each fact inquiry report to the National Health Insurance Corporation;

1. Opinion of the petitioner (including attached documents);

1. Calculation of working hours (12 to 14 years);

1. From January 2013 to February 2014;

1. Application of employment contract Acts and subordinate statutes;

1. Article 109(1) and Article 43(2) of the Labor Standards Act concerning criminal facts, the choice of fines, and the choice of fines;

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014) (amended by Act No. 12575, May 14, 201);

1. Determination as to the assertion of the defendant and his defense counsel under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448,

1. The summary of the argument is that the Defendant paid treatment improvement expenses by raising the wages of at least 100,000 won to the worker in preparation for the previous year in accordance with the guidelines of the Ministry of Health and Welfare regarding the payment of treatment improvement expenses for the caregiver who was enforced from March 1, 2013. The Defendant was determined to have paid the worker the treatment improvement expenses even at the time of evaluating the National Health Insurance Corporation in 2013. As such, the Defendant did not commit the instant violation of the Labor Standards Act, as well as the criminal intent related thereto.