A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. located in Busan Southern-gu B, who ordinarily employs about 20 workers and operates the shipbuilding design business.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred.

1. The Defendant in arrears with the payment of wages to workers D at the above workplace from October 20, 2014 to February 5, 2016 and did not pay KRW 2,91,467, retirement allowances, retirement allowances, 3,692,688, the total amount of the wages from November 2014 to February 2016, 2016, including KRW 402,490, and KRW 7,086,645 within 14 days from the date of retirement without agreement on the extension of the payment period between the parties concerned.

2. The Defendant in arrears with wages to workers E at the above workplace from August 8, 201 to February 15, 2017, and was retired from the said workplace and did not pay KRW 14,830,182 in total, the amount of wages from November 8, 2014 to November 1, 2016, including KRW 4,739,529 in total, retirement allowances, KRW 12,197,144 in total, and KRW 31,76,855 in total, including retirement allowances, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F, and written statement D;

1. Application of Acts and subordinate statutes to each written appeal, a report on the acquisition of internal investigation data, and a report on the acquisition of internal investigation data;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution, Article 60 (3) of the Juvenile Act (see, e.g., the confession and reflect of the defendant, the aggravation of management, payment of wages, etc.