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

[2019 Highest 3387] The Defendant is an employer who employs approximately ten full-time workers in Daegu-gu B and operates an individual construction business.

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

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

From December 4, 2017 to February 13, 2018, the Defendant, while working in the workplace, corrected the unpaid wage amounting to KRW 2,880,00 on January 1, 2018, and KRW 640,000 on February 2, 2018, without agreement on the extension of the due date, within 14 days from the date of retirement, as well as the unpaid wage amounting to each worker listed in the attached Table No. 1 to 13, the evidence duly adopted and investigated by this court, thereby inconsistent with the unpaid wage amounting to each of the above employees.

Without agreement on the extension of the due date for payment between the parties, a total of KRW 21,490,000 has not been paid to 7 workers retired while working in the same workplace as set forth in 17 to 23, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to the output ledger ( January 2018);

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the choice of imprisonment with prison labor

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

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is that the wages are directly related to the maintenance of workers’ livelihood, and there is a need for strict punishment for unpaid wages.

It shall not be paid to workers in facts constituting the crime that was found guilty.