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 a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant of "2017 Highest 3215" is an actual employer who operates a stock company located in the Busan East-gu, Busan, and has executed the RT stud new construction work in Ulsan-gun D with ten daily employees.

1. The Defendant did not pay KRW 30,982,633 of the total wages of 13 workers within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties, as in the list of crimes attached hereto, as well as KRW 2,737,633 of the F’s wages, who worked in the said new construction site from November 17, 2016 to December 30, 2016, and retired from office.

"2017 Highest 3642"

2. The Defendant did not pay the total of 6080,000 won in arrears, including the amount of 1.330,000 won in wages of G retired from office, 1.14,00 won in wages of H, 1.330,00 won in wages of H, 1.35,00 won in wages of J, 950,000 won in wages of K, and 1.33,00 won in wages of K, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

3. The Defendant did not specify the terms and conditions of employment in writing while concluding a labor contract with the said construction site from December 16, 2016 to December 24, 2016 with G, H, I, J, and K total five employees.

Summary of Evidence

"2017 Highest 3215"

1. Statement by the defendant in court;

1. Each police statement made against L, M, or N;

1. Each criminal complaint and a petition;

1. Standard contract for private construction works and details of wages in arrears "2017 Height 3642";

1. Statement by the defendant in court;

1. Each police statement made to G, K, andO;

1. Each criminal complaint and a petition;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 109(1), 36, and 114 subparag. 1 and 17 of the Labor Standards Act concerning facts constituting a crime; the choice of imprisonment for a crime;

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

1. Basic area (not more than 50 million won) of types 1 (less than 50 million won) such as the scope of the recommended punishment on the sentencing criteria, wages, etc.; and

2. Circumstances that are disadvantageous to the reasons for sentencing: