A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, as the representative of the “D” located in Kimpo-si, is an employer who runs the manufacturing business using full-time workers. The Defendant worked at the said workplace on September 16, 2012, and did not pay the amount of KRW 3,144,118, retirement pay E, and retirement pay of KRW 2,061,270 on September 16, 2012 within 14 days from the date of the above retirement without an agreement on the extension of the payment deadline, as shown in the separate crime list, around August 1 to 9, 2012, 24 employees did not pay the total of KRW 70,921,984, the total amount of wages of KRW 8,14,820, as indicated in the separate crime list, including the written agreement on the extension of payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol of the border statement to E (List 7);

1. A petition (List 6);

1. Application of the details of processing substitute payments (List 2) Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to facts constituting an offense; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of respective Workers;

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

1. Imprisonment with prison labor for choice of 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. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1)3 of the Criminal Act (Article 62(1) appears to have been seriously reflected in the crime during the period of detention for approximately two months, and a substitute payment was paid. In addition, the Defendant deposits KRW 2 million for Workers F and G around July 12, 2017, and KRW 417,000 for Workers H around July 28, 2017, respectively, for the said workers’ damage to 23 of the said workers was entirely recovered, and the remainder damage to one of the said workers was partially recovered);

1. Article 62-2 of the Criminal Code of the Social Service Order