The defendant shall be exempted from punishment.

Punishment of the crime

To the extent that there is no substantial disadvantage in exercising the defendant's right of defense, part of the facts charged was revised.

[criminal records] On July 24, 2018, the Defendant was sentenced to a suspended sentence of one year for a violation of the Labor Standards Act at the Jung-gu District Court on April 2018, and the said judgment was finalized on August 1, 2018.

[ criminal facts] The defendant is the representative of the "C" in Pakistan-si, who employs five full-time workers and operates the furniture manufacturing business.

1. The Defendant did not pay the amount of KRW 1,385,00 on June 6, 2015 of his/her retired worker D who worked in the said workplace from March 17, 2015 to July 24, 2015, and KRW 3,900,000 on July 2015, in total, KRW 5,285,00 on July 1, 2015, within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties.

2. The Defendant did not pay KRW 3,490,00 of his/her retired worker E’s wages on June 6, 2015, and KRW 2,170,000, total amount of KRW 5,60,000 on July 7, 2015, within 14 days from the date of his/her retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D and E;

1. Previous convictions: Inquiries about criminal history, application of Acts and subordinate statutes of the first instance court, second instance court (1467), second instance court (2017 high-end), second instance court (2017 high-end);

1. Article 109(1) and Article 36 of the relevant Act and the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017); and the choice of fines, respectively, for criminal facts

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. The latter part of Article 39(1) of the Criminal Act exempted from punishment [the defendant shall be tried in a state where he/she has been detained for at least two months in a case of a violation of the Labor Standards Act for which judgment became final and conclusive, taking into account the equity between a violation of the Labor Standards Act and a violation of the above Labor Standards Act for which judgment becomes final and conclusive at the same time];