A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

The defendant is a G representative director company located in Gangnam-gu Seoul Metropolitan Government who runs a service business using 25 regular workers.

1. Violation of the Labor Standards Act due to the payment of wages and retirement allowances, and violation of the Guarantee of Workers' Retirement Benefits Act, the Defendant, who was employed by the above company as an employee from September 7, 2015 to March 23, 2018, did not pay the amount of KRW 1,776,08 of H’s wages and retirement allowance of KRW 10,498,971 as well as KRW 1-12 (excluding KRW 5,6,96,96, and retirement allowance of KRW 91,286,536,00 from the date of retirement within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

2. In giving notice of dismissal on March 23, 2018, the Defendant violated the Labor Standards Act due to unpaid advance notice of dismissal allowances, on March 26, 2018, as well as on March 23, 2018, the Defendant did not pay 59,439,547 won in total, either an advance notice of dismissal or an advance notice of dismissal corresponding to ordinary wages of not less than 30 days in advance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply), Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to the payment of wages, etc.), Article 110 subparag. 1 and Article 26 of the former Labor Standards Act (which refers to the payment of unpaid retirement allowances) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment on each violation of the former Labor Standards Act due to the payment of wages, etc. by worker, each violation of the Guarantee of Workers' Retirement Benefits Act, and punishment on each violation of the former Labor Standards Act of which the nature of the crime

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. Suspension of execution;