Text
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 two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a full-time employer who operates a vessel processing business using 63 full-time workers in the name of “E” in D Co., Ltd. located in G in the city of Gyeongnam-si.
The Defendant did not pay KRW 4,833,30 of workers F, who worked from May 2, 2014 to July 1, 2014, as well as KRW 178,468,09, total wage of KRW 63 of workers, within 14 days from each retirement date, without an agreement on extension of the due date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes on personal overdue wages, attendance book, and wage calculation statement;
1. Articles 109 (1) and 36 of the Labor Standards Act applicable to the crimes;
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 (not less than imprisonment without prison labor, but not less than a prison labor or a mistake is divided and reflected in his or her fault, the violation of shipbuilding games, etc. are one of the various causes of the crime in this case, and other factors such as the age, character and conduct, environment, circumstances after the crime, etc.);
1. Social service order under Article 62-2 of the Criminal Act;