A defendant shall be punished by imprisonment for four months.

except that 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 a user who conducts construction and manufacturing business with a trade name called “stock company B”.

When a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days after the cause for such payment occurred, unless agreed by the parties concerned relating to the extension of the due date.

Nevertheless, the Defendant did not pay the total of KRW 5,400,000 for workers D’s wages, who worked from June 28, 2017 to September 1, 2017, at the construction site of new housing in Gyeongnam-gun C, and did not pay the total of KRW 19,090,000 for five workers, as shown in the attached crime list, within 14 days after retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the head of a complaint (Evidence No. 3), a written petition (Evidence List No. 6), and the details of arrears (Evidence List No. 9);

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of imprisonment for a crime

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Unpaid amount, such as wages, etc. according to the sentencing guidelines (type 1) for the basic area of less than 50 million won, April - August 1;

2. The sentence of punishment has been imposed on several occasions: Provided, That the crime is recognized and part of the amount has been repaid, taking into account the amount payable, the circumstances leading to the crime, the health conditions of the accused, etc.