However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

The Defendant is a user who runs a machinery manufacturing business using 12 full-time workers under the trade name of “E” in Ulsan-gu, Ulsan-gu.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Defendant did not pay five workers’ wages, bonuses, annual allowances totaling KRW 37,46,90 and KRW 33,946,400 in total, and KRW 3394,400 in January 2017, as indicated in the attached Table of Crimes, including KRW 3,191,250 in February 1, 2017, and KRW 1,881,00 in bonuses and retirement allowances totaling KRW 6,279,421 in the same workplace from August 10, 2015 to February 28, 2017, and KRW 5 workers’ wages, bonuses, annual allowances totaling KRW 37,466,90 in total, and KRW 33,946,40 in total, and KRW 33946,40 in total, and KRW 39139,94 in total, within the agreed date without agreement between the parties to retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written appeal and written statement;

1. Application of Acts and subordinate statutes on the specifications of benefits, retirement allowances, and details of overdue wages;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area (six months to one year) of Type 2 (not less than 50 million won, less than 100 million won), such as the scope of wages, etc. of the recommended punishment on the sentencing criteria; and

2. Circumstances that are disadvantageous to reasons for sentencing: The defendant's age, sex, motive, means, means, and consequence of the crime, including the fact that the total unpaid wages, etc. are not less than KRW 71 million and that the defendant is against the crime of this case, and that it seems necessary to provide medical treatment and preparation for the brain ties, etc.