A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

The defendant, as a representative of the Gyeonggi-si D (ju), is an employer who employs 50 full-time workers and operates a manufacturing business (fiber processing) as a full-time worker.

1. On November 18, 2015, the Defendant violated the Labor Standards Act, while working for the above company on May 4, 2017, the Defendant did not pay KRW 81,024,100,00 for each of the three workers as well as KRW 1,690,560 of the FF retired on May 4, 2017, on June 1, 2017, as shown in attached Table 1 through 3 re-elections (excluding the part concerning retirement payment) of the daily list of crimes (excluding the part concerning retirement payment).

2. The Defendant violated the Workers’ Retirement Benefit Security Act, as seen above, did not pay 21,295,640 won in total for three retired workers as well as 4,815,148 won in retirement allowances to the above F, as shown in the following crimes: (a) No. 1 through No. 3 (the part concerning retirement payment) of the following crimes, within 14 days from the date of occurrence of the relevant payment cause, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; and enforced May 29, 2018); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits of Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between a violation of the Labor Standards Act for the same worker and a violation of the Labor Standards Act of the Guarantee of Retirement Benefits for Workers);

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court] The basic area (from August to January 6) of the three types of crimes violating the Labor Standards Act, such as wages, etc. (at least KRW 100 million) is unpaid wages, and unpaid wages.