A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 the actual representative of D in Gyeonggi-si, who runs a construction business by employing ten full-time workers.

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.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

The Defendant did not pay the Defendant’s wages of KRW 3,450,000, total amount of wages of KRW 39,706,000 to 25 workers, as shown in the list of crimes in the attached Form, as stated in the list of crimes, from November 1, 2014 to November 17, 2014, within 14 days from the date of retirement, without any agreement on the extension of payment period.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Partial statement of a witness I;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement of each police statement made to J, K, and F;

1. The defendant asserts to the effect that it is not subject to criminal punishment for unpaid wages because he/she did not have any obligation to pay wages any more, since he/she did not have any obligation to pay wages any more and more, in the form of a written confirmation of wage details, a tax invoice, a copy of each labor cost payment statement, a copy of a standard subcontract agreement for construction works, a copy of a business registration certificate, each Dwork cost and direct labor cost payment statement, each Dwork cost and labor cost payment statement, each work confirmation letter, each direct payment agreement, the number of work days and work details, work logs, and a provisional attachment decision (2015Kada 2906).

In this regard, it is a matter of interpretation of the intention of the parties as shown in the contract for the acquisition of the obligation, whether the acceptance of the obligation is exempt from liability.