A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who has been engaged in earth construction business with the trade name called Ulsan-gun B and C in Ulsan-gun.

The Defendant, from May 16, 2012 to October 28, 2013, did not pay KRW 8,521,369, in total, KRW 4,940,00 of the wages of retired workers D, and KRW 3,581,369, as well as KRW 8,521,369, as of the date of payment extension between the parties concerned, within 14 days from the date of retirement.

In addition, the Defendant did not pay 69,580,467 won in total for 14 employees of the above company within 14 days from the date of retirement, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Each written statement of D, H and I;

1. Each petition of D, H, I, E, and G;

1. Application of Acts and subordinate statutes to the calculation of each wage ledger, each retirement allowance calculation, average wages and retirement allowances, and the result of calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109(1) and Article 36 of the same Act concerning criminal facts, the choice of imprisonment, respectively;

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;

1. In full view of the circumstances that a majority of workers who have not been paid the wage of the reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, and that the unpaid wage, etc. exceeds 7,000 won, they shall be selected to be sentenced to imprisonment. However, the execution of the sentence shall be postponed by taking into account the circumstances that led to the instant crime due to business difficulties of the Defendant, etc., with the exception of the notification of a fine once prior to ten years.

However, in consideration of the fact that the defendant did not have any wage paid to workers during the overdue wages and did not agree with workers, the community service order is added for a considerable period of time.