A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The defendant is the representative director of Yangsan City B, who is an employer as a person in charge of managing steel cutting business with five regular workers.

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

Nevertheless, the Defendant, at the foregoing place of business, worked as a production engineer from February 3, 2014 to July 12, 2018, did not pay the total of KRW 52,457,66, and the total of KRW 11,01,266, and the total of KRW 63,468,932, within 14 days from the date of death without agreement between the parties to the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. A death certificate;

1. Application of Acts and subordinate statutes to the details of payment in kind, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommended punishment according to the sentencing guidelines [decision of types] the scope of punishment for violation of the Labor Standards Act [Article 2] unpaid wages, etc. [Article 50 million won or more], the amount of less than KRW 100 million [Special Sentencing] (the scope of recommended areas and recommendations], the basic area of punishment for violation of the Labor Standards Act, and six months to one year;

2. Determination of sentence: Determination by comprehensively taking account of the fact that the original offender is the first offender, the fact that a part of the money has been paid as a substitute payment to his bereaved family and the circumstances that may be taken into account during