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

The defendant is a person who has operated the F in Ulsan-gun E while operating the F.

The Defendant did not pay KRW 9,945,480, in total, KRW 6,806,710 of G wages of retired workers, KRW 3,138,770 of retirement allowances, and KRW 9,945,480 of retirement allowances from June 13, 2012 to November 25, 2013, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

In addition, the Defendant did not pay the total of 63,521,686 won to 14 employees of the above company within 14 days from the date of retirement, as stated in the attached list of crimes (excluding Nos. 10, 12, and 13).

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint and each report on delayed payment of wages;

1. Application of Acts and subordinate statutes on the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made) - Selection of imprisonment with prison labor, respectively;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Labor Standards Act against G, the crimes of violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment prescribed for the crimes of grave violation of the Labor Standards 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 (The following extenuating circumstances among the reasons for sentencing);

1. The parties to a community service order shall choose to be sentenced to imprisonment, considering the fact that there are many workers who have not been paid the corresponding pay to both punishments under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, and the unpaid wage, etc. exceeds 60 million won;

However, it appears that the business management difficulties of the company led to the crime of this case, and the defendant paid wages to some workers during the trial of this case and agreed to pay unpaid wages, etc.