A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant was the employer who runs a construction business by employing 15 full-time workers as the representative director of D (ju) on the second floor and C at Jeju.

When a worker retires from office, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total of KRW 130,522,007, including KRW 68,912,600 and retirement allowances of KRW 61,609,407, which were retired from the said workplace from the said workplace from around December 23, 2002 to September 30, 2016, within 14 days from the date of retirement without agreement on extension of the payment deadline (the details of arrears are as stated in the attached list of crimes, and the part concerning F in the list of crimes is dismissed on October 11, 2017). The summary of evidence is as follows:

1. Statement by the defendant in court;

1. A simplified statement prepared by E;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances, and the specifications of unpaid retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act, the following circumstances, shall be considered, and the sentence shall be determined as per Disposition.

The favorable circumstances: The fact that the defendant acknowledges and reflects the crime, and that there is no past record of criminal punishment heavier than the fine: The sum of unpaid wages and retirement allowances exceeds 100 million won, and other circumstances: The fact that some substitute payments have been made to the worker; circumstances after the crime; the defendant's age, family relationship, and environment;