Text
A defendant shall be punished by imprisonment for not less than three months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant, as the representative director of G Co., Ltd., a company that produces laver in Kimpo-siF, is an employer who runs a manufacturing business using 15 regular workers.
The Defendant did not pay the total amount of KRW 3,048,470 as wages and retirement allowances of four workers, including KRW 16,157,185,185,185, from the date of retirement, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the table of attached crimes Nos. 1 to 4 (workers H, I, J, and K) from October 1, 2014 to May 21, 2015, including the amount of KRW 592,630 on November 1, 2014, wage of KRW 2,45, wage of April 4, 2015, without any agreement on the extension of the due date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. Each written statement of amnesty against I, H, and K;
1. Written Statement;
1. Application of Acts and subordinate statutes, such as a written calculation of each retirement allowance, a copy of the benefit ledger, and a copy thereof;
1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a violation of the Labor Standards Act against J and violation of the Act on Guarantee of Workers' Retirement Benefits);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Part rejecting the prosecution under Article 62 (1) of the Criminal Act (not including the fact that the defendant has not been paid a large amount of wages and retirement allowances, but the defendant reflects his mistake, the defendant has no record of criminal punishment, and the defendant has endeavor to pay wages, etc.);
1. The summary of this part of the facts charged is that the Defendant, as the representative director of G G, a company that produces laver in Kimpo-si F, is an employer who runs a manufacturing business using 15 full-time workers.
The Defendant on August 7, 2011