A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the actual manager of the Gyeonggi-si (State)C in Gyeonggi-si, who is a user who operates a manufacturing company using five full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay 9,711,90 won in total of two workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of payment deadline, as stated in the attached Table, including the failure to pay 1,221,450 won in September 2016, 2016, which was worked at the above workplace from February 12, 2013 to September 20, 2016.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 8,692,191 as well as KRW 12,745,732 of the total retirement allowances of two workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment deadline, as stated in the attached Form, as well as the fact that the Defendant did not pay KRW 8,692,191 of D retirement allowances, which had been worked in the above workplace from February 12, 2013 to September 20, 20

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Application of Acts and subordinate statutes to details of payment of wages, average wages, and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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 of the Criminal Act: