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

[2015 Highest 2072] The Defendant, as the representative director of “C Construction(C Construction)” in both weeks, is an employer who ordinarily employs 10 workers and engages in the construction business, and is the representative director of “D” in the same place, who employs 5 workers at all times and operates the construction equipment operation business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, as shown in the list of crimes in the attached Table, did not pay KRW 38,529,459, total amount of wages and retirement allowances to five workers within 14 days from the date of retirement, as stated in the list of crimes in the attached Table, including that: (a) the amount of KRW 2,80,000,000 retired from office when he/she worked in the said C Construction from September 15, 2014 to February 22, 2015; and (b) the amount of KRW 2,200,000 for February 2, 2015, without any agreement on extension of payment between the parties.

[2015 Highest 3561] The Defendant is a representative director of “(D)” in both weeks B, who ordinarily employs five workers and operates a construction equipment operation business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while serving from April 4, 2013 to March 31, 2015, did not pay KRW 2,378,50 of the FF’s retirement pay for December 2014, 20, the amount of wages of KRW 3,245,00,000 for February 2, 2015, the amount of wages of KRW 3,200,00 for March 2, 2015, the amount of wages of KRW 2,613,340, retirement allowances of KRW 5,720,439, the amount of retirement allowances of KRW 5,720,439 for March 30, 2015, while serving from July 30, 2012 to March 10, 2015, the total amount of KRW 3,363,83,20,521,512 between the parties concerned on the date of payment without agreement between them.

Summary of Evidence

[2015 Highest 2072]

1. Defendant's legal statement;

1. E, H, I, and J.