A defendant shall be punished by imprisonment with prison labor for up to six 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 a user who runs a construction business by using eight full-time workers, the director and operator of the Incheon Michuhol-gu Dispute Resolution Co., Ltd. and the Dispute Resolution Co., Ltd.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from May 14, 2018 to October 9, 2018, the Defendant provided labor to the said workplace and did not pay KRW 2,068,928 of the retired workers E’ wages within 14 days from the date of his/her retirement without an agreement on the extension of the payment date between the parties concerned, as shown in the attached list of crimes, and did not pay KRW 50,849,744 of the total wages of eight workers within 14 days from the date of his/her retirement, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, I, J, K, E, L, and M;

1. Application of Acts and subordinate statutes to a written confirmation of details of transactions, employment contract, disbursement resolution, resignation, receipt for withholding tax on earned income, statement of salary in November 2018, statement of salary in December 2018, statement of account transactions, statement of account transactions, detailed statement of account transactions, ledger of corporate register, text message, and statement of wage confirmation;

1. Relevant Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); and the choice of imprisonment with labor, respectively.

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;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] Violation of the Labor Standards Act: Wages, etc. (Type 2]; wages, etc. paid in excess of KRW 50 million; amounts below KRW 100,000 [the scope of the recommended field and the recommended type]; there is no person [the scope of the recommended field and the recommended type] below KRW 100,000; imprisonment for four months through one year (the reduction of the lowest sentence range due to the increase in step 1 as a result of summing up the same

2. Determination of sentence: