A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

[2012 Highest 1177] The Defendant is an actual manager of the C Co., Ltd., and an employer who operates the manufacturing business by employing 10 full-time workers.

The Defendant had worked in the workplace from September 10, 201 to October 15, 201, and had not paid KRW 8,074,426, total amount of wages, etc. of retired workers D within 14 days from the date on which the cause for payment occurred without an agreement between the parties on the extension of the due date, and did not pay the total of KRW 14,138,809, including three workers’ wages, etc., within 14 days from the date on which the cause for payment occurred without any agreement on the extension of the due date between the parties as shown in the attached list of crimes.

[2012 Highest 4942] The defendant is the actual manager of the C Co., Ltd., in terms of harmony, who has been engaged in the manufacturing business with seven full-time workers.

The Defendant had worked in the pertinent workplace from January 9, 2012 to March 16, 2012, and had retired workers E, and had not paid KRW 2,034,190 in total, including KRW 1,340,190 on February 2, 2012, as well as KRW 8,924,890 on total money and valuables in arrears for three retired workers, within 14 days from the date on which the cause for such payment occurred without an agreement extending the due date between the parties, as stated in the details of the attached money and valuables.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, F, G, H, and I;

1. Application of Acts and subordinate statutes of E’s written petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, applicable to the facts constituting an offense, Articles 109 (1) and 36 of the Labor Standards Act, and Articles 44 subparagraph 1 and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1320, Jan