Text
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who was engaged in electrical construction business with three full-time workers as an operator of D Co., Ltd. located in Gwangju Northern-gu B building C.
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 did not pay KRW 24,609,30,00 in total, including KRW 11,053,300 in total, and KRW 13,56,00 in total, of the wages of workers E who worked for the same period as electricity workers, within 14 days from the date of each retirement, without any agreement between the parties on the extension of the due date for payment between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement of E and F;
1. Application of employment schedule Acts and subordinate statutes;
1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the Labor Standards Act;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The grounds for suspended sentence under Article 62(1) of the Criminal Act include the nature of the instant crime, reasons for the occurrence of delay, the degree of damage and whether to recover therefrom, the criminal records, age, environment of the Defendant, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, as set forth in the text of the sentence.