A defendant shall be punished by imprisonment with prison labor 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, as the representative of Co., Ltd. in Gwangju Mine-dong, is an employer who runs the business of manufacturing industrial machinery by using three regular workers.

From March 2, 2010 to March 31, 2014, the Defendant did not pay the amount of KRW 57,156,370 as wages and retirement allowances to three workers working in the same workplace as stated in the attached crime list, including KRW 2,80,000,00 for January 2, 2014; KRW 2,80,000 for February 2, 2014; KRW 7,400,000 for wages; KRW 10,45,880 for three workers at the same workplace as stated in the attached crime list; and KRW 57,156,370 for wages and retirement allowances to three workers at the same workplace as stated in the attached crime list, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to the police officers of E and two others;

1. Application of Acts and subordinate statutes of Part III of a written calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Imprisonment with prison labor for choice of punishment;

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. Reasons for sentencing under Article 62-2 of the Probation Act - Circumstances: The defendant reflects the crime of this case, and there is no criminal history of the same kind of crime and no penalty exceeding the fine, and the defendant is found to have failed to pay wages, etc. to workers on account of the reason that the business has been in operational crisis. - In light of the circumstances and the details of the crime of this case where the payment of wages to workers who lead their livelihood with the wage received is not less than 57 million won in total, even though the amount of overdue wages and retirement allowances which the defendant has not paid to workers exceeds 57 million won, the defendant did not agree with the workers or pay some of them.