A defendant shall be punished by imprisonment for four 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 actual representative of the C Co., Ltd. located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, who ordinarily employs 20 workers and operates a shipbuilding business.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 20,287,846 within 14 days from the date of retirement without having agreed on the extension of the payment date, including D’s wages of KRW 9,008,150, bonuses of KRW 4,169,076, year-end settlement refund of KRW 2,542,620, advance notice payment of dismissal allowances of KRW 4,568,00, and KRW 20,287,846, which had been employed from March 5, 201 to April 30, 2013.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 5,769,104 of the aforementioned D retirement pay within 14 days from the date of retirement without agreement on extension of the payment due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police appellant against D;

1. Application of Acts and subordinate statutes to the respondent statement;

1. Relevant legal provisions concerning wages, bonuses, year-end refund, and unpaid advance payment of dismissal allowances for criminal facts: Article 109 (1) and Article 36 of the Labor Standards Act: Items 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (Punishment on a violation of the Labor Standards Act heavier than the ordinary concurrent crimes);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (In light of the fact that the defendant commits a crime and has no record of the punishment heavier than that of the suspension of execution);

1. Probation and community service order under Article 62-2 of the Criminal Act;