A defendant shall be punished by imprisonment for not less than eight months.

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 employer who employs 50 full-time workers in Youngnam Cancer C and operates a vessel component chain (E).

When a worker retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned.

Nevertheless, the Defendant, by September 11, 2010, did not pay KRW 850,00 of the wages of the retired worker as stated in the attached Table of Crimes, as well as the total amount of KRW 71,367,190 of the wages of 36 workers retired from the said workplace, within 14 days from the date of retirement without agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on G, H, I, J, K, L, B, M, N,O, F, and P;

1. Each written statement of Q, R, S, T and U;

1. Application of the Acts and subordinate statutes of V and K of each petition;

1. Relevant Articles of the Labor Standards Act and Articles 109 (1) and 36 of the same Act concerning criminal facts;

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 (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do1448, Jan. 1, 2006)

1. Social service order under Article 62-2 of the Criminal Act;

1. Articles 32 (1) and 25 (1) of the Act on Special Cases concerning the Improvement of Lawsuit, etc. of Application for Compensation (the crime recognized to the accused does not constitute a crime for which an order for compensation can be issued);