A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant, as the representative director of Seoul Company C located in Seoul, is an employer who runs accommodation business under the trade name of 30 full-time workers.

[2016 Highest 276] When a worker dies or retires, the employer paid wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, however, the Defendant did not pay 93,220,394 won in total for 33 workers, as shown in the attached Table (276), including that the amount of 864,620 won is not paid within 14 days from the date of the above retirement, to April 30, 2015 at the above workplace and that the amount of 864,620 won is not paid within 14 days from the date of each retirement.

[2016 Highest 3392] An employer did not pay 16,267,640 won in total for four workers, as shown in the attached Table (3392), within 14 days from the date of each retirement, even though he/she paid wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred when the employee died or retires. However, the Defendant did not pay 812,060 won in total for four workers, as shown in the attached Table (3392), including that he/she was working at the aforementioned workplace from January 1, 2015 to July 31, 2015.

Summary of Evidence

[2016 Highest 276]

1. Statement made by the police with regard to G, H and I;

1. Each written statement of J, K, L, M, N,O, P, Q, R, S, T, U,V, W, and X;

1. Each petition of E, Y, and five other, X, and R;

1. A copy of business registration certificate, and a certificate for corporation registration;

1. The wage ledger from March 2015 to May 5, 2015, the wage ledger from March 7, 2015 to the wage ledger from March 7, 2015, and the detailed statement of unpaid wages from the tax [2016 order 3392]

1. Statement made by each police with respect to the F and Z;

1. Application of the Acts and subordinate statutes governing the AA and AB’s petition;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.