(State) The Defendant is an employer who is a business operator who operates an automation facility manufacturing business with 30 full-time workers at C located in Yangyang-si, Chungcheongnam-si.

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

Provided, That the date may be extended by mutual agreement between the parties if special circumstances exist.

Nevertheless, the Defendant has worked as an electrical machine from October 1, 2012 to October 21, 2012 at the site of the installation of a new construction in the 4-factory located in Ulsan-gu D, Ulsan-gu.

As of October 2012, the retired FF’s remaining wages of KRW 1,440,00 and labor for electricity from August 30, 2012 to October 7, 2012.

The remaining wages of G 2,050,000 won in September 2012 and the total of 3,440,000 won in October of the same year and the total of 3,490,000 won in total were not paid respectively within 14 days from the date on which the cause for the payment occurred without any agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the contents of confirmation of petition, telephone, etc.;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts and Articles 109(1) and 36 of the same Act concerning the selection of fines

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) to attract a workhouse;

1. The sentence of the Defendant is suspended, taking into account the following factors: (a) the reason for sentencing under Article 59(1) of the Criminal Act does not focus on the unpaid amount for the sentencing; (b) the Defendant paid the entire amount of unpaid wages to workers F and G after the prosecution of the instant case; and (c) the Defendant’s age, character and conduct, and environment, taking into account various sentencing conditions.