Text
A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is an employer who has operated the manufacture and service business chain in Ulsan-gu C by using seven full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and other money and valuables within 14 days after the cause for such payment occurred, except as agreed upon by the parties concerned.
Nevertheless, from August 20, 2007 to March 4, 2015, the Defendant did not pay 18,196,549 won in total, including wages and retirement allowances of 2,63,520 won on December 2, 2014, to E who performed Da’s electric field work and AS work, within 14 days from the date on which the cause for payment occurred without an agreement between the parties to the extension of the due date, and did not pay 103,15,113 won in total, of wages and retirement allowances of 5 employees, as shown in [Attachment 2-6] No. 2-6 of the list of crimes committed in attached hereto, without any agreement between the parties to the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to F and B;
1. Each criminal complaint and a petition;
1. Application of Acts and subordinate statutes to the calculation of unpaid wages, details of deposits in passbook, calculation of average wages and retirement allowances, detailed statement of overdue money and other valuables, amount in arrears, and calculation statement of received amount
1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent 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 (see, e.g., the background leading up to the failure of the defendant to pay wages and the fact that the defendant was the first offender who had no previous criminal record) of the suspended execution portion of the prosecution of this case as to B where "the defendant performed the cream work and AS work in D from August 20, 207 to March 4, 2015."