A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On December 22, 2017, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to the violation of the Labor Standards Act and the violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act at the Changwon District Court, and the judgment became final and conclusive on June 16, 2018.

The defendant is the actual representative interest user of the corporation B.

From April 4, 2006 to April 30, 2017, the Defendant did not pay KRW 16,337,32 of the victim D who retired from office, and KRW 26,101,423 of retirement pay to the parties concerned within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Before judgment: Application of each of the judgment attached to the self-refiscion report filed on July 25, 2018, which was bound to the records of the public trial, and of the detailed inquiries into the case.

1. Article 109(1), Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which did not pay retirement allowances within 14 days) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Labor Standards Act of which the nature of the crime is heavier);

1. Selection of imprisonment with prison labor chosen;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Taking into account the motive and background of the crime committed in the judgment on the grounds of sentencing under Article 62(1) of the Criminal Act, the criminal records of the defendant, and other conditions of sentencing under Article 51 of the Criminal Act, as indicated in the judgment, and the crime committed on June 16, 2018 and the crime of violation of the Labor Standards Act, which became final and conclusive on June 16, 2018, and the crime of violation of the Workers’ Retirement Benefit Security Act