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

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

Punishment of the crime

The defendant is an actual operator of the (ju)C in Changwon-si, Masan-si, B and 2, who runs the construction business of installing freezing machinery using one regular worker.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 169,50,000,000 as the monthly wage of August 10, 2011 to April 30, 2019, and KRW 3,500,000 as the monthly wage of September 2014 to April 2019, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 24,449,500 of D retirement allowances, which worked in the said workplace from April 10, 201 to April 30, 2019, within 14 days from the date of retirement without any agreement between the parties on extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Employment contracts;

1. Application of Acts and subordinate statutes on wage details;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: One month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] that violates the Labor Standards Act, and there is no person who has been paid wages, etc. [type 3] at least KRW 100 million (the scope of recommendations and recommendations] (the scope of recommendations and recommendations] (the scope of recommendations and recommendations), the basic area of the punishment, 8 months to 1 year and 6 months.

3. The Defendant, who was sentenced to a sentence, did not pay the total of KRW 193,949,50,000 for one employee’s wage and retirement allowance.

Since the amount of damage is not so small that the defendant's responsibility is not less weak.

However, workers are on duty even when they have not paid wages.