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 one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The defendant is a real representative of K in the Gu, American, and is an employer who has operated a manufacturing business (a rubber facility manufacturing business which is a motor vehicle part) using 30 full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, while working in the above workplace on December 26, 2018, did not pay 195,351,939 won in total, including 14,97,920 won in retirement allowance of retired workers L, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as stated in the attached Table 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to accusation, written complaint, investigative report (Attachment to the corporate register of the K stock company);

1. Article 44 of the Guarantee of Workers' Retirement Benefits Act and Articles 44 subparagraph 1 and 9 of the same Act concerning facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one month to four years and six months;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of types] Violation of the Labor Standards Act: At least KRW 100 million [type 3] (Special Sentencing) and unpaid amount of wages, etc.: Where considerable damage is recovered from damage (where considerable damage is recovered, the scope of the recommended area and the scope of the recommended punishment] mitigated area, three months through one year (the minimum of the sentencing range due to a rise in at least two stages as a result of summing-up of the same competition).

3. The amount of retirement allowances that the defendant did not pay to the workers reaches a large amount of 200 million won, and the defendant was submitted a letter of revocation of complaint against the defendant that he did not receive a letter from the above workers, but the worker's identification card.