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

(e).

The Defendant, as the representative of “D” in Kimpo-si C, is an employer who runs a manufacturing business using 12 regular workers.

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

The Defendant, as indicated in attached Table 2 No. 2, worked in the foregoing workplace from June 3, 2015 to June 30, 2018, and did not pay KRW 9,675,230 and retirement allowances KRW 5,510,236 of the retirement allowances from January 3, 2018 to June 30, 2018, within 14 days from the date on which the cause for the payment occurred without any agreement between the parties to the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. B accusation;

1. Data concerning the police, receipt of reports and substitute payments for a small amount of money;

1. Application of Acts and subordinate statutes concerning a written confirmation of a business owner of overdue wages, etc., calculation results of retirement allowances, guidance on estimated amount of insurance for departure guaranty, and order for payment of insurance money

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are unpaid);

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

1. Selection of imprisonment with prison labor chosen;

1. The act of not paying wages and retirement allowances, etc. as stated in the instant crime for the reason of sentencing under Article 62(1) of the Criminal Act, as well as the crime of this case, has a significant impact on the workers’ livelihood, and thus, is disadvantageous to the crime

The fact that the defendant has been sentenced to a fine for the same crime two times is also disadvantageous to the defendant.

However, the circumstances favorable to the defendant include the fact that the defendant is led to confession and reflect, there is no record of punishment exceeding a fine, the fact that part of the damage appears to have been recovered through the defendant's efforts to repay and the payment of substitute payment, etc., shall be considered, and the age, character and conduct of the defendant.