The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the victim C.

Punishment of the crime

The defendant is an individual constructor who resided in the Seoul Jung-gu, Seoul and without a certain trade name, and engages in construction business (construction of building stones) by using 43 full-time workers at the construction site for remodeling a golf course in the militaryposi E without a certain trade name.

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

Nevertheless, the Defendant is working in the above construction site from January 14, 2013 to February 28, 2013.

The unpaid money and valuables amounting to five retired workers, as stated in the list of crimes Nos. 1, 2, 4, 5, and 6, including the failure to pay the amount of wages of KRW 3,132,00 for February 2, 2013 to retired G, was not paid within 14 days from the date of retirement without any agreement between the parties on extension of the due date.

Summary of Evidence

1. C’s legal statement;

1. G statements;

1. Application of Acts and subordinate statutes on payment records of labor costs;

1. Article 109(1) and Article 36 of the Labor Standards Act and the choice of fines for criminal facts;

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

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence)

1. Of the facts charged in the instant case, the Defendant, at the construction site indicated in the facts constituting the crime, worked as indicated in No. 3 of the crime sight table.

A retired C did not pay 2,283,750 won for February 2, 2013 to C within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. The determination is based on Article 109(1) and Article 36 of the Labor Standards Act, which is a crime falling under Article 109(2) of the same Act.