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

The defendant is a person who is the representative director of farming association D in Chungcheongnam-nam Budget Group C.

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.

Nevertheless, the Defendant, while serving from February 25, 2008 to November 2, 2010, was retired from office, and thereafter again, from May 1, 201 to July 30, 2012, the Defendant did not pay the total amount of KRW 10,500,000 and the total amount of KRW 3,910,000 to the employees E who worked in the above D from May 1, 2011 to July 30, 2012, within 14 days from the date when the cause for the payment occurred without an agreement between the parties to the extension of the due date.

In addition, from February 25, 2008 to September 30, 2012, the Defendant did not pay an amount equivalent to KRW 36,780,00 in total of six employees’ total wages and KRW 5,490,000 in total of employees E’s retirement allowances, and KRW 5,490,000 in total, as stated in the attached Table No. D, within 14 days from the date when the cause for payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to the F, E, G, H, I, and J;

1. The application of the Acts and subordinate statutes on the details of delay in payment for each person;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 109 (1) and 36 of the relevant Act concerning the selection of punishment, Article 44 subparagraph 1 and Article 9 of the Act on the Appointment of Workers' Retirement Benefits, and the choice of imprisonment with labor;

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

1. As of Article 62(1) of the Act on the Suspension of Execution, some of the victims' wages and retirement allowances can be repaid through the auction procedure in the process of auction on warehouse buildings owned by the corporation of this case, and since the defendant is currently in operation, harvest is possible from June of this year and the sales amount can be realized.