A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Power] On August 18, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for a violation of the Labor Standards Act and the said judgment became final and conclusive on May 3, 2018.

【Criminal Facts】

[2019 Highest 3437] The defendant is a business operator who runs a personal construction business in Gwangju Brayang-gun B.

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

Nevertheless, the defendant is working from May 1, 2016 to August 31, 2016 at the construction site where the above workplace is constructed.

As stated in attached Form 1, including the total of KRW 4,100,000 of the wages of retired C, the total of KRW 27,580,000 for the total of nine workers was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

[2019 order 4190] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 17,350,000 for four workers within 14 days from the date of each retirement, as indicated in attached Table 2, including KRW 600,000 on April 25, 2017, when the Defendant worked at the construction site of Bara located in the wife population D from April 27, 2017 to April 27, 2017, as well as KRW 60,000 on April 20, 2017.

Summary of Evidence

[2019 Highest 3437]

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, J, and C;

1. Each complaint;

1. Previous convictions: Inquiry of criminal and investigation records materials (2019 Highest 4190);

1. Defendant's legal statement;

1. Each police statement of E, K, and L;

1. Each complaint;

1. Each service day;

1. Previous Records: The results of inquiry, the list of the suspect-related cases, and the suspension of execution.