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

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

Punishment of the crime

The defendant is engaged in construction business by employing four full-time workers as the representative of D (main) in the three floors of the building in the Suwon-si C Building.

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

Nevertheless, the Defendant, on September 1, 2016, was employed as a model tree in the new construction site located in Young-gu, Young-si, Young-si, and worked for the Defendant, on September 23, 2016, did not pay KRW 3,780,000 to the retired worker on September 23, 2016, within 14 days from the date of retirement without agreement on the extension of the payment deadline.

The defendant, including this, did not pay 83,525,00 won in total of 69 workers' wages within 14 days from the date of each retirement without an agreement on extension of payment deadline, as stated in the attached Form of the details of wages in arrears by each individual.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to G, H and I;

1. Each authentic document, each authentic statement, the details of the delayed payment and related money, and each authentic agent's statement;

1. Application of the business registration certificate, a statement of payment of labor costs for daily use, and the Acts and subordinate statutes of standard labor contracts for construction-day workers;

1. Articles 109 (1) and 36 of the Labor Standards Act concerning criminal facts;

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

1. Determination of a sentence shall be made by comprehensively taking into account the amount of unpaid wages and the defendant's age, health status and living environment, as well as the grounds for sentencing under Article 62 (1) of the Criminal Act;