A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Criminal facts

Defendant is an employer who employs 10 full-time workers at Jeonjin-gu Seoul Metropolitan City H and operates an “I” as a new renewable energy manufacturing business entity.

Defendant did not pay the wages of K 1,229,074, and wages of K 1,443,631, which were worked from November 5, 2015 to the 30th day of the same month, within 14 days from the date of retirement without agreement between the parties to the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement made by each labor supervisor to J and K;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting a crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is divided by the defendant, and the fact that wages to victims have been paid according to the procedures for the payment of substitute payments by the Labor Welfare Corporation is more favorable. However, it is unfavorable that the defendant has been punished several times for the same kind of crime.

The punishment shall be determined as per Disposition, comprehensively taking into account the various sentencing conditions indicated in the records, such as the character, behavior, career, and overall details and result of the instant crime.

Rejection of Public Prosecution

1. Summary of the facts charged

A. The Defendant in violation of the Labor Standards Act was employed by the said company from August 28, 2014 to October 23, 2015, and did not pay KRW 3,300,000 on September 9, 2015, which was retired from the said company, within 14 days from the date of retirement of B without the agreement of the parties to the extension of payment deadline.

In addition to the defendant, 23,868,33 won, including wages, etc. for 6 workers, as shown in the attached list of crimes Nos. 1 to 6, as well as the defendant, shall be paid within 14 days from the date of retirement without an agreement between the parties on the extension of payment period.