A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a representative of C in P in P in terms of harmony and a representative of D in the same place, who runs plastic manufacturing business using ten full-time workers.

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

Nevertheless, the Defendant worked from January 1, 2007 to June 1, 2018 and retired E’s wages 2,299,430 won as well as three employees’ wages 2,299,430 won in total and 37,322,869 won in total, as shown in the attached list of crimes, were not paid within 14 days without any agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and G;

1. Application of each relevant statute;

1. Relevant legal provisions and Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid wages); and

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

1. Selection of imprisonment with prison labor chosen;

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Code of the suspended execution asserts that the defendant and his defense counsel received substitute payment for the victimized worker F, and expressed the intent to withdraw the lawsuit in the related civil procedure, and thus, they expressed their intent not to be punished against the defendant. Thus, they sought a judgment dismissing the prosecution.

However, the substitute payment is not the amount of direct repayment by the defendant, but cannot be deemed to have included the intention of criminal penalty in the declaration of the withdrawal of civil procedure, so the above argument by the defendant and the defense counsel cannot be accepted.

The reasons for sentencing shall be as follows, and the age, occupation, and other circumstances of the defendant.