A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a user who operates the manufacturing business of automobile parts using 30 full-time workers under the trade name of (ju) E in the Chungcheong Budget Zone D.

Defendant did not pay KRW 4,711,130 of wages of Workers F, who had worked from May 1, 2017 to July 29, 2017 at the same place of business, within 14 days from July 29, 2017, the date of retirement, and as indicated in the list of crimes attached to the crime (only, “G” of No. 10 per year appears to be a clerical error of “H,” and the “I” of No. 19, supra, did not pay KRW 101,190,360 in total and KRW 13,921,918 in total and KRW 31,00 in total without agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Written complaints from K, L, M, N,O, P, Q, R, M, U, F,J, V, W, X,Y, Z, AB, and three other persons, AC, and one other, AD, AE, AF, and AG;

1. To arrange the details of arrears, each letter of payment of overdue wages, and a statement of wages;

1. Application of statutes on business registration certificates;

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

1. Articles 40 and 50 of each Criminal Act for each ordinary competition. Article 40 (Joint Violation of the Labor Standards Act for each Workers and Violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence 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 suspension of execution (the reflective fact, and the arrears was malicious;

Considering the favorable circumstances such as the fact that it is difficult to see, the fact that a total of 75 million won in arrears is paid as a substitute payment and the fact that there is no record of punishment exceeding the same criminal record or fine, etc.