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.

(e).

Punishment of the crime

The defendant is a representative director in Kimpo-si E, who is a user who runs a man-made household manufacturing and interior interior interior decoration construction business using seven full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

The Defendant, at the same place of business, worked from November 20, 2017 to December 7, 2018 and retired from the said place of business, did not pay KRW 292,500 of the wages of G on October 2018, as indicated in the attached crime list, to the retired workers G, H, and I’s total wages, 8,644,838, as stated in the attached crime list, within 14 days from the date the cause for the payment occurred without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

The Defendant had worked from November 20, 2017 to December 7, 2018 at the same place of business, and had not paid KRW 6,961,294, including KRW 2,941,73 of the retirement allowances of G retired workers and H, as indicated in the separate crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and H;

1. Application of each statute of the I;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (worker G and H violation of the Labor Standards Act and violation of the Guarantee of Workers' Retirement Benefits Act);

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. The defendant for the reason of sentencing under Article 62(1) of the Criminal Act shall be punished.