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, as the representative director of Kimpo-si (State), is a user who runs a construction business using 13 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 had worked from November 1, 2017 to April 30, 2018 at the same place of business, and had not paid KRW 3,858,700 on April 4, 2018, without agreement between the parties on the extension of the due date, within 14 days from the date on which the cause for the payment occurred.

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 worked in the said workplace from January 1, 2003 to April 30, 2018, and did not pay KRW 60,268,221 of the retirement pay of the retired E from his/her retirement from November 1, 2015 to March 30, 2018, as totaling KRW 10,742,023 of the retirement pay of the retired F from his/her retirement pay, and did not pay KRW 60,268,221 within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of G, H, I, J, E, K, L, M, and F;

1. Application of Acts and subordinate statutes to each written petition, each average wage and retirement allowance calculation statement, and each financial transaction statement;

1. Relevant legal provisions concerning criminal facts, Articles 109(1) and 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Act (a favorable to the reasons for sentencing below) (a) of the suspended sentence is [the scope of recommendation] unpaid, such as wages (at least 50 million won, less than 100 million won). (b) The mitigated area (one month to eight months) (a special sentencing person) is not unpaid.