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, as the representative of the C Company in Kim Jong-si, is an employer who runs a construction business using ten full-time workers.

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

Nevertheless, the Defendant provided labor from August 14, 2016 to November 14, 2016 to retired workers D’s wage of KRW 2,400,00 on August 8, 2016, and did not pay KRW 53,825,000 for five retired workers within 14 days from each retirement date without any agreement on the extension of payment date between the parties, as described in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions and the former Labor Standards Act regarding criminal facts (amended by Act No. 15108, Nov. 28, 2017) Articles 109(1) and 36 of the same Act (amended by Act No. 15108, Nov. 28, 2017)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Detailed criteria for sentencing [the scope of recommended punishment] Types 2 (50 million won or more, less than 100 million won, less than 100 million won) in basic areas (4 months to 1 year): No increase in one step by type of competition (no person subject to special sentencing) as a result of the addition of identical competition;

2. The amount of unpaid wages for five determined workers who have been sentenced to sentence shall be 53,825,000 won in total and there shall be no recovery from damage.

The defendant has been sentenced to a fine of the same kind and five times.

Provided, That it shall not be deemed that the defendant led to an offense and has not been paid wages in bad faith.

In full view of the above circumstances, the punishment as ordered shall be determined as above.