A defendant shall be punished by imprisonment with prison labor for up to six 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 the representative director of D Co., Ltd. in Gyeongnam-gun C, who is an employer who runs the vessel processing business using 95 full-time workers.

Where a worker dies or retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the total of KRW 3 through 5, 8 through 17, 20 through 23, 25 through 27, 29 through 34, 36 through 38, 40 through 43, 45, 46, 67 through 75, 77 through 89, 91, 92, 94 through 96 of the attached list of crimes, such as the monthly wage of KRW 1,270,346, etc., within 14 days from September 1, 2015 to December 4, 2015, to the employee who retired from the said workplace without an agreement between the parties to the retirement and 147 days from the date of each extension as stated in the relevant list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each complaint, written petition, and overdue payment of wages;

1. Status of arrears in wages and details of calculation of wages;

1. Application of Acts and subordinate statutes to report on investigation data;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment and Selection of Punishment for Criminal Facts, and Articles 109 (1) and 36 of the Act on the Standards of Imprisonment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where significant damage has been restored to the mitigation area (from June to one year) in the category 3 (at least 100 million won), such as wages, etc. in the sentencing guidelines [the scope of recommended punishment] and the mitigation area (at least 6 months to one year);

2. The specific reason for sentencing was that the amount of overdue wages due to each of the crimes in this case was approximately KRW 146 million, and the amount of the unpaid wages was restored to a considerable portion of the damages through the payment of small-amount substitute payments from November 29, 2016 to November 29, 2016, and the unpaid wages were approximately KRW 17 million against the Defendant’s mistake, and the Defendant was divided into the Defendant’s age, sexual behavior, environment, and crime.