A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The defendant, as the representative director of JJ Co., Ltd. located in I when he is compatible, is an employer who runs the business of manufacturing communications equipment using 50 full-time workers.

1. An employer in violation of the Labor Standards Act did not pay 10,779,825 won, in total, of wages and bonuses for employees K, K, L, and M, within 14 days from the date of retirement without an agreement between the parties concerned, even though he/she paid all money and valuables, such as wages, within 14 days from the date of the occurrence of the cause for such payment, in spite of the fact that the employee’s death or retirement without agreement between the parties concerned, from June 12, 2015 to January 31, 2017, to K employed by the said company, including KRW 78,280, in December 2016.

2. An employer who violates the Act on the Guarantee of Retirement Benefits for Workers has not paid retirement allowances within 14 days from the date of retirement in cases where the employee retired from office without agreement between the parties concerned, 11,314,795 won, including retirement allowances of 2,898,583 won to K employed in the above company as referred to in paragraph 1 of the same Article, and the amount of retirement allowances of 14 days from the date of retirement without agreement between the parties concerned, as stated in Nos. 4, 6, and 9 of the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of K, L and M;

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

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62(1) of the Act on the Suspension of Execution (the fact that the defendant recognized his mistake and reflecteds his mistake, and is likely to lead to the instant crime on the grounds of the aggravation of business management.