A defendant shall be punished by imprisonment for six 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 is the representative of C in Gyeonggi-si, who is a full-time worker, and operates a leather processing business by using six full-time workers.

1. On January 11, 2016, the Defendant violated the Labor Standards Act: (a) while working for the said company on March 31, 2018, the Defendant did not pay KRW 30,097,960 in total including KRW 2,658,090 for March 31, 2018 for D retired on March 31, 2018, including KRW 2,658,090 (excluding the part on retirement payment) as indicated in the list of crimes in the attached Table (excluding the part on retirement payment) for five workers, within 14 days from the date on which the relevant party agreed to extend the payment date.

2. The Defendant in violation of the Act on the Guarantee of Retirement Benefits for Workers did not pay 6,981,750 won in total for four retired workers, including 2,505,150 won in retirement allowances against the above D, as above, within 14 days from the date of occurrence of each 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. Each police statement made to D or E;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;

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. The scope of the amount unpaid for the reason of sentencing under Article 62(1) of the Criminal Act, reasons why the amount is unpaid, the criminal records of the defendant, and the facts that the defendant commits a criminal offense;