A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, as the representative of C in the Nam-gu Incheon Metropolitan City, is an employer who runs the manufacturing business of motor vehicle parts by using six full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from May 28, 201 to September 11, 2013, the Defendant did not pay 13,256,100 won in total for five workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table 1, including D’s wage of 1,304,910 won in August 201, 201.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, from May 28, 201 to September 11, 2013, the Defendant did not pay KRW 3,044,30,00 in total, 14,867,90 for four employees within 14 days from the date of each retirement, as shown in the list of crimes in attached Table 2, as well as KRW 3,04,30,00 working at the aforementioned workplace.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in the preparation of D, E, F, G, and H;

1. Application of each income earner to each source collection book of earned income, details of payment, details of regular wages, and copies of passbooks;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the failure to liquidate gold), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which means the failure to pay gold) concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2006Do