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.

Punishment of the crime

The defendant is a person who runs a construction business using five full-time workers as a personal building business operator.

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

1. The Defendant committed the crimes against Workers B, C, D, and E did not pay the total of KRW 6,100,000 wages of the retired workers B from the date of retirement within 14 days from the date of each retirement without an agreement on the extension of the payment deadline, as described in the attached Table of Crimes, in addition, that the Defendant did not pay the total of KRW 15,485,00 for four workers, as described in the attached Table of Crimes, within 14 days from the date of each retirement without any agreement on the extension of the payment deadline.

2. From July 1, 2014 to February 28, 2015, the Defendant committed the crime against G, H, I, J, and K did not pay the total of KRW 27,465,000 wages of five workers within 14 days from the date of each retirement without agreement on the extension of the payment deadline, without any agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each labor supervisor with respect to B, G, I, H, andO;

1. Application of each written complaint and each of the Acts and subordinate statutes governing the complaint;

1. Relevant Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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

1. The sentencing guidelines [the scope of recommended punishment] Class 1 (less than 5,000 won) and the mitigation area (one month to six months) are mitigated.