A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is the representative of “D” in Seo-gu Incheon, and is an employer who operates a manufacturing business by employing ten full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 4,63,33 of the E’s total amount of delayed payment of wages of KRW 1,83,333 on March 1, 201, from around June 1, 2001 to March 24, 2013, including the amount of KRW 4,63,333 in arrears, including annual allowances of KRW 2,80,00,00, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without the agreement between the parties on extension of the due date, and did not pay KRW 17,286,63 in aggregate of the amount in arrears of five workers within 14 days from the date of retirement, which is the date of occurrence of the cause for payment.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 25,844,020 of the above E's retirement allowances within 14 days from the date of the occurrence of the cause for payment, without any agreement on extension of the payment due date between the parties concerned, and did not pay KRW 69,292,90 for the total amount of five employees as shown in the attached crime list without any agreement on extension of payment due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by the F;

1. Application of Acts and subordinate statutes on a petition;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

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

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;

1. The sum of the Defendant’s unpaid wages, etc. for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. reaches approximately KRW 86 million, and the payment has not been made even at the time of the closing of argument in this court.