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 of the final judgment.

(e).

Punishment of the crime

The defendant is a representative director of HH company located G at Si interest-si, who runs a construction business with ten regular workers.

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

Nevertheless, the Defendant did not pay 2,296,650 won and retirement allowance of 4,00,000 won and retirement allowance of 2,296,650 won and retirement allowance of 4,00,000, which had worked until November 30, 2018 at the above workplace, within 14 days from the date of retirement, and did not pay wages or retirement allowances of 68,756,366 won in total to six workers, as described in the attached list of crimes (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each report on the delayed payment of wages by J and I;

1. Each written statement of J and I;

1. Power of attorney (K, L, M, N), power of attorney (N, M,K, L);

1. Application of Acts and subordinate statutes on unpaid statements

1. Article 109 (1) and Article 36 of the Labor Standards Act, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: A favorable circumstance in which the Defendant appears to have suffered considerable economic pain to the said employees when the amount of wages, retirement allowances, etc. in arrears with six workers reaches 68,756,366 won in total: the Defendant recognized a crime; (a) a worker N, J, L, and I’s partial damages were recovered through a substitute payment; and (b) there was no record of criminal punishment since 2007; and (c) the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc. are recorded and the trial process is conducted.