A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the actual manager of the Fund in Ulsan-gun, Ulsan-gun, who is an employer as a business operator in charge of manufacturing (ship structure manufacturing) by employing approximately 30 full-time workers.

1. On February 16, 2017, the Defendant violated the Labor Standards Act, while working for the said company on September 30, 2019, and did not pay KRW 25,391,457 as the sum of five wages as indicated in the [Attachment Table 2,19,20,23, and 33 (excluding the part concerning retirement allowances) of the attached Table 2, 19,20,20,23, and 33 (excluding the part concerning retirement allowances) of D who retired from September 30, 2019 within 14 days from the date on which each cause for the payment occurred, without any agreement between the parties on the extension of the due date.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as seen above, did not pay KRW 37,507,957 in total for five retirement allowances including KRW 1,730,308 as well as KRW 2,19,20,23, and 33 (excluding the part concerning retirement allowances) in attached Table Nos. 2, 19, 20, 23, and 33 (excluding the part concerning retirement allowances) of the retirement allowances against the aforementioned D within 14 days from the date of occurrence of each

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement E, copy of each police's written statement made to F, list of employees, statement of overdue money and goods, and copy of wage ledger;

1. Selection of each sentence under Articles 109(1) and 36 of the Labor Standards Act as to facts constituting an offense, and each sentence under Articles 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and Articles 40 and 50 of the Criminal Act, which are the ordinary concurrent crimes;

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

1. The total sum of wages and retirement allowances that a defendant has not been paid for the reasons of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant has the ability to impose a fine for the same kind of crime, on the other hand, the defendant is recognized to commit the crime and there is no record of punishment exceeding the fine, and E and G are each.