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 representative of Section (State) in Bupyeong-gu, Busan-si, who runs a construction business with 13 full-time workers.

The Defendant, from May 27, 201 to December 30, 2012, did not pay the total of KRW 12,500,001 and retirement allowances of KRW 6,521,739, including KRW 42,532,01 and retirement allowances of KRW 22,927,854, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the attached Form, as well as the fact that the Defendant did not pay the total of KRW 12,50,01 and the total of KRW 22,927,854 of the wages of five retired workers at the above workplace, as stated in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes as a result of retirement allowance calculation;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the offenses of violation of the Labor Standards Act by worker, the offenses of violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for the offenses of grave Labor Standards Act);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., the fact that the defendant reflects the error of the defendant, the fact that an insolvent financial institution in the course of normal management activities of the defendant has aggravated

1. Social service order under Article 62-2 of the Criminal Act;