A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 12, 2017, the Defendant was sentenced to a suspended sentence of two years and a fine of one million won on July 2017 in the Daejeon District Court for violating the Labor Standards Act.

Criminal facts

From December 18, 2015, the Defendant is an employer who is engaged in the recycling and manufacturing business of L CD panel, while serving as the representative director of the company D in Daejeon Seo-gu, Daejeon as the representative director.

The Defendant did not pay 50,226,75 won in total and 24,379,760 won in total and 24,379,760 won in wages of three workers, as stated in the list of crimes in attached Table, as well as 1,353,610 won in May 2015 and retirement allowance of 9,383,880 won in total and 24,379,760 won in total, who worked at the above workplace from August 8, 2005 to May 3, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each amnesty made to F, G, and E;

1. Each written confirmation for payment (wages and retirement allowances);

1. Previous convictions: A written inquiry about criminal history, investigation report (a copy of the judgment, etc.), investigation report (a report on confirmation of the records of latter concurrent crimes and application of Acts and subordinate statutes);

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The total amount of unpaid wages or retirement allowances exceeds 74,606,515 won; the circumstances favorable to the fact that the employee was unable to reach an agreement with the workers: confession and reflect; the fact that the company has already been appointed as the representative director in the state of the enemy; the fact that the employee E was a worker E in the auction procedure for the factory building operated by D; and the worker F was 3,96,054 won in the process of auction for the factory building operated by D.