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 of the final judgment.

Punishment of the crime

The defendant is the representative director of the C Co., Ltd. in Kim Sea-si B, who is engaged in the automobile parts manufacturing business using 12 full-time workers.

From September 3, 2012 to May 31, 2018, the Defendant did not pay KRW 1,955,800 on April 4, 2018, wage of KRW 2,667,00 on May 2018, and KRW 588,90 on year-end settlement refund, retirement allowance of KRW 14,979,217 on the part of two workers, as shown in the attached list of crimes, and did not pay KRW 46,324,90 within 14 days from the date of retirement without agreement between the parties on the extension of the period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Each statement;

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

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [decision of types of punishment] Violation of the Labor Standards Act: there is no amount of unpaid wages, etc. [Type 1] below 50,00 won [the area of recommendations and the scope of recommendations] [the scope of recommendations and recommendations]; positive factors among the grounds for general participation [the criteria for suspended execution] from April to August 1, 200]; there is no criminal record of suspended execution or more; social relation is clear;

2. Determination of sentence: Imprisonment with prison labor for six months and two years of suspended sentence;