A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative director of Seocho-gu Seoul Metropolitan Government C, who runs landscaping construction business using six full-time workers.

Defendant 2 served as an employee from September 15, 2014 to November 16, 2014 at the above company, and did not pay KRW 100,234,580 in total of the wages of 26 retired workers within 14 days from the date of retirement without an agreement on the extension of payment period between the parties concerned, as stated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each petitioner;

1. Application of Acts and subordinate statutes governing the payment of daily labor costs;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense and Articles 109 (Selection of Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing [for favorable circumstances] under Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation (which does not fall under the crime subject to a compensation order) [Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation] that workers received a substitute payment for a considerable portion of the overdue wage as a substitute payment, the Defendant appears to have committed the instant crime because it was unable to recover business claims, and the Defendant was making efforts to pay wages [any unfavorable circumstances] the total amount of overdue wage is at least KRW 10 million