A defendant shall be punished by imprisonment for one year.

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

[2014 Highest 2057] The Defendant was an employer who operates C Co., Ltd. in Macheon-si, and was on duty from September 15, 1994 to August 31, 2013, and did not pay KRW 5,007,310 in November 15, 2012, wage of December 4, 2012, wage of 4,992,390 in December 2012, wage of 5,004,710 in January 2013, wage of 5,390,620 in February 20, 2013, wage of 5,812,130 won in August 5, 2013, total wage of 26,207,160 won in total and retirement allowance of 104,687,620 won in total, 1310,974,70 days in agreement between the parties concerned.

[2014 Highest 2975] The Defendant, a person operating C Co., Ltd. in Macheon-si B, did not pay the total of 378,702,113 of wages and retirement allowances of 38 workers within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as stated in the list of crimes, as well as the total of 9,781,800 won of E’s wages, which were worked from August 5, 2013 to May 31, 2014.

Summary of Evidence

[2014 Highest 2057]

1. Statement of the accused in the first protocol of trial;

1. A written statement that is authentic in the preparation of D (2014 Highest 2975);

1. Statement of the accused in the third protocol of trial;

1. Statement of the police confrontation against the F, G, and the accused;

1. Statement made by the police officer with H;

1. Details of confirmation of telephone, etc.;

1. Application of Acts and subordinate statutes concerning the calculation of average wages and retirement allowances;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

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

1. Selection of each sentence of imprisonment;

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 on the suspended execution is deemed to have reached the delayed payment of wages and retirement allowances due to aggravation of construction games. (2) Although the initial overdue wages and retirement allowances were considerably large, efforts are made by the defendant, such as substitute payments, insurance money, payment of retirement pension, and payment in kind