A defendant shall be punished by imprisonment for a period of two 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 the actual operator of G Co., Ltd. established for the purpose of selling cosmetics in Ulsan-gu F.

The Defendant is working from January 4, 2004 to May 31, 2017 at the above workplace.

The retirement worker H’s wage of KRW 1,540,00 in March 2017, the wage of KRW 1,540,00 in April 2017, and KRW 686,80 in May 2017, and KRW 23,978,956 in total, were not paid within 14 days from the date of retirement without any agreement on extension of payment deadline between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to employment contracts, details of arrears, and calculation of retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. Reduction elements of less than KRW 50,00 (Special Sentencing) and reduction elements of less than KRW 50,000 (Special Sentencing) due to the payment of wages, etc. [Article 1] due to the sentencing guidelines for offenses in violation of the Labor Standards Act: Reduction area of mitigation (the recommended area and recommendation range), imprisonment with labor for one month or six months;

3. The sentence shall be determined as ordered in consideration of various sentencing factors, such as the Defendant’s age, environment, the amount of unpaid wages and retirement allowances, and circumstances after the crime, etc., that the Defendant has led to his confession of all the crimes in this case and the mistake is divided, that there exists no record of punishment exceeding the fine for the same kind of crime, and that there is no record of punishment for the same crime.

Public Prosecution Rejection Parts

1. "Public prosecution 2019 Highest 1729";

A. The Defendant is the actual operator of G Co., Ltd. established in Ulsan-gu F for the purpose of selling cosmetics in wholesale and retail business.

The Defendant is working from May 7, 2006 to April 30, 2017 at the above workplace.