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

The Defendant is an employer who runs a construction business with 11 full-time workers as the representative of Busan Gun building B or D in subparagraph (C).

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the construction site of the “FS Holdings” in Gyeyang-si from September 11, 2018 to October 31, 2018, did not pay 52,060,000 won, including the total of 1,980,000 won, and the total of 6,520,000 won, which was 6,520,000 won, from September 1, 2018 to October 31, 2018, and the total of 16 workers’ wages, as described in the attached list of crimes, as shown in the attached list of crimes, were not paid within 14 days from the date of retirement without any agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written petition of the damaged workers;

1. Application of Acts and subordinate statutes on the overdue payment and attendance book;

1. Relevant provisions of the Acts concerning facts constituting an offense and Articles 109 (1) and 36 of the Labor Standards Act (Selection of Imprisonment)

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter “the reason for suspended sentence”) is that the number of victimized workers in the crime is 16, and the amount of unpaid wages is more than 52,00,000 won and not less than 52,000 won, and the criminal liability is not easy, and the possibility of criticism is not small, etc., which are disadvantageous to the defendant, or the defendant appears to have an attitude to recognize and reflect all of his criminal acts, and after the prosecution, the victimized workers are not paid a small amount of substitute payment from the Korea Labor Welfare Corporation.