A defendant shall be punished by imprisonment for four 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

The defendant is a personal business operator who has carried out construction works in Dongdaemun-gu Seoul Metropolitan Government, and is a user who is awarded a subcontract for construction works.

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

The Defendant, at the same place of business, worked from March 2, 2018 to August 2, 2018 and retired from office C’s wages of KRW 1,700,000 on March 3, 2018, as indicated in the attached Table of Crimes (excluding No. 5), did not pay KRW 18,005,323 in total for nine retired workers within 14 days from the date on which the cause for the payment occurred without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the petitioner, representative and petitioner with respect to C or D;

1. A written petition filed by eight other than C;

1. The application of Acts and subordinate statutes on the records of passbook transactions, the details of the plaques, and C's employment details in March 2018;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The act of not paying wages and retirement allowances, etc. as stated in the instant crime on the grounds of sentencing Article 62-2 of the Social Service Order Criminal Act, as well as the crime of this case, has a significant impact on workers’ livelihood, and thus, the crime is disadvantageous

It is also disadvantageous to the defendant, such as the fact that there are many damaged workers and not many unpaid amounts, and the defendant has been punished by a fine for the same kind of crime.

However, the fact that the defendant is led to confession and reflect, and that there is no record of punishment exceeding the fine, etc. shall be considered as favorable circumstances for the defendant, and other circumstances shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, and the sentencing criteria of the Sentencing Committee shall be comprehensively taken into account