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

The Defendant is an employer who actually runs the manufacturing business of vessel parts using 40 full-time workers under the trade name of “(D)D” in Ulsan-gun, Ulsan-gun.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of 81,769,411 won of wages and retirement allowances, including 78,424,521 won in total, and 3,34,890 won in total, from May 1, 2017 to June 4, 2018, without agreement between the parties to the extension of the payment date, within 14 days from the date of retirement, as stated in the attached list of crimes, as well as 78,424,521 won in total, and 3,34,890 won in total, as stated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each complaint and a petition filed by the victimized workers;

1. Application of Acts and subordinate statutes on the calculation of each average wage and retirement allowance, each benefit ledger, and each worker's delayed payment of wages;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, 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 (limited to a violation of the Labor Standards Act against Workers F and a violation of the Guarantee of Workers' Retirement Benefits Act);

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. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to four years;

2. The scope of recommendations according to the sentencing criteria; and