A defendant shall be punished by imprisonment for one year.

However, 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 an actual manager of D Co., Ltd. in Ansan-si, and is an employer who runs electronic parts manufacturing business using 28 regular workers.

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.

Nevertheless, the Defendant, at the above workplace from March 10, 2014 to September 18, 2014, worked for the period from September 18, 2014 and retired E’s wages of 2,700,000 won on June 6, 2014 and did not pay the total of 227,13,891 won for 75 retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Register of employees;

1. Application of Acts and subordinate statutes concerning details of overdue payments;

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Determination as to the application of sentencing guidelines under Article 62-2 of the Probation Criminal Act: The defendant is the actual manager of D Co., Ltd. who is in Ansan-si, and is engaged in the business of manufacturing electronic components by using 28 full-time workers.

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.

Nevertheless, the Defendant, at the foregoing place of business, worked from April 1, 2014 to September 21, 2014 and retired from office, as well as KRW 1,000,000 on June 6, 2014, as described in the [Attachment] List 4, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.