The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is an employer who operates a manufacturing company using 13 full-time workers under the trade name of "(State)C" in the Gu B and 212 during Ansan-si.

1. Violation of the Labor Standards Act;

A. The Defendant in arrears with wages and other money and valuables at the said workplace from October 10, 2012 to March 22, 2016, did not pay KRW 540,98 of his/her retired employee D’s wages on June 2, 2015, KRW 650,000 for each of the wages on July 2, 2015, and September 2015, and KRW 1,494,803 for each of the wages on January 2016, and KRW 1,978,839 for each of the wages on February 2, 2016, and KRW 1,50,329 for each of the parties’ wages on March 1, 2016, and KRW 6,814,969 for each of the parties’ retirement.

B. The Defendant, who was not paid the pre-employment allowance, immediately dismissed workers E working in the above workplace without the pre-employment, and did not pay the pre-employment allowance of KRW 1,202,040 (which constitutes ordinary wage of KRW 30 days) on the date of dismissal.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) provided labor at the said workplace from October 10, 2012 to March 22, 2016; and (b) did not pay KRW 6,392,565 of the retirement allowances of retired workers D within 14 days from the date of the worker’s retirement without an agreement between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police petitioner to E;

1. Application of Acts and subordinate statutes governing D’s authenticity;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts; Article 110 Subparag. 1 and Article 26 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which refers to unpaid wages, etc.); and Article 44 Subparag. 1 of the Act on the Guarantee of Workers’ Retirement Benefits (which refers to unpaid retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition. Article 40 (Inter-Korean Crimes of Violation of the Labor Standards Act for D and Violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of an alternative fine for punishment;

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

1. Fine of 3,00,000 won which is to be imposed or suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Act provides for the suspension of sentence.