A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the violation of the respective Labor Standards Act against C and D.

Punishment of the crime

The defendant employs seven full-time workers and operates a construction business in the trade name called "A". From February 8, 2010 to September 1, 2012, the defendant works in a place of business located in Suwon-gu F building 301, Suwon-si, from February 8, 2010 to September 1, 2012.

G Wage 28,132,921 won and retirement allowance 7,117,400 won, and ② from January 7, 2013 to May 29, 2013

Workers H’ wage of KRW 5 million, ③ is employed from December 2, 2013 to March 31, 2014.

Wages 3,363,00 won of retired I did not be paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of H, G and I;

1. Facts constituting an offense: Article 109 (1) or 36 of the Labor Standards Act that does not pay retirement allowances: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

1. Selection of imprisonment with prison labor chosen;

1. From among concurrent crimes, the sentence against the defendant shall be imposed for four months, taking into consideration the following circumstances: (a) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act; (b) the circumstances leading to the instant crime; (c) the number of workers and the degree of damages; and (d) the efforts of the defendant

Of the facts charged in this case, the summary of the dismissed part of the prosecution as to C and D was that "the defendant is an employer who employs seven full-time workers as stated in the facts charged in the judgment, and he was employed from May 1, 201 to December 31, 201, and C's wages of KRW 10250,000,000,000,000,000,000,000, which were retired from office from November 1, 2012 to June 1, 2013," and thus, the defendant did not pay the defendant wages of KRW 10,250,000,000,000 from among the facts charged in this case." This constitutes a crime falling under Articles 109 (1) and 36 of the Labor Standards Act, which cannot be prosecuted against the victim's express intent under Article 109 (2) of the Labor Standards Act. According to the records, C and D shall be punished for the defendant