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 is an employer who employs workers as the representative of CD who is an incorporated foundation in the second floor of the Gyeonggi-gu Seoul Metropolitan City, the Gyeonggi-gu, and operates medical business, etc.

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

Nevertheless, the Defendant did not pay KRW 8,532,650, total amount of KRW 4,866,00 of workers E’ wages, and KRW 3,66,650, working from November 1, 2017 to May 31, 2018, within 14 days from the date of retirement, without agreement between the parties to the labor contract on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Although the E’s statement is written as “written statement” under the evidence list, it constitutes “written statement” according to the content of the written statement.

(A) The defendant and his defense counsel also submitted a letter of withdrawal of complaint in E to the effect that workers E also filed a complaint against the defendant. However, E made it clear that they did not prepare a letter of withdrawal of complaint and they did not intend to withdraw the complaint.) The application of the statute applies.

1. Relevant Articles 109(1) and 36 of the Labor Standards Act and the choice of punishment concerning facts constituting an offense;

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

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

1. The scope of recommendations according to the sentencing guidelines [decision of types] that violates the Labor Standards Act: Wages, etc. (type 1] and no person who has been paid wages, etc. (type 50 million won or less) (the field of recommendations and the scope of recommendations]; the basic area of recommendation [the scope of recommendations and recommendations]; four months to eight months;

3. Determination of sentence: Six months of imprisonment, and two years of suspended sentence, the sum of wages not paid by the defendant is higher, and most of the wages are agreed with the workers, but only part of the wages.