A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a representative of D, who employs ten regular workers and operates a motor vehicle maintenance business.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 153,60 on July 10, 2013, which was worked from July 10, 2013 to November 21, 2014 at the above workplace, KRW 101,428,760 on the total wages of seven workers, as shown in the attached crime list, and did not pay KRW 14 days from each retirement date, without any agreement on the extension of the payment date between the parties concerned.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 4,725,590 of the E retirement allowances, which he/she worked in the above workplace from July 10, 2013 to November 21, 2014, and did not pay KRW 22,913,710 of the retirement allowances of 7 retired workers, as shown in the attached crime list, to the extent that 14 days have elapsed from each retirement date without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Details of arrears and the details of payment of wages;

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

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of imprisonment with prison labor chosen (the amount of unpaid wages and retirement benefits, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution of Article 62(1) of the Criminal Act is against the full recognition of his/her mistake, there is no record of a crime of the same kind and suspension of execution or more, for employees H, E, I, J, K, and L in the auction procedure of G real estate G real estate by the District Court, for E, an amount equivalent to the instant overdue wages, and for E, for E, an amount of KRW 1 million, L, and H, for E, 2.5 million won, for E, and 2 million won for E.