A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment 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 an employer who runs the manufacturing business of components of a ship by employing 70 full-time workers under the trade name of (ju) D from C (ju) in Tong Young-si.

1. The Defendant violated the Labor Standards Act: (a) from March 16, 2015, when working as a production worker in the above workplace from March 1, 2017 to March 2, 2017; (b) the total of KRW 5,089,270, including KRW 1,077,570, and KRW 12,074,096, including KRW 12,000, as indicated in the separate crime list, did not pay KRW 14 days from each retirement date without any agreement on the extension of payment date between the parties.

2. The Defendant in violation of the Act on the Guarantee of Workers’ Retirement Benefits did not pay 12,633,988 won in total, including 5,018,018 won for Workers E’ Retirement Allowance as stated in paragraph (1) of this Article, within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition of E, F, four other persons, G, 49 persons, and H;

1. Each statement of I, H, E, and J;

1. Application of Acts and subordinate statutes to the specifications of benefits, account transaction details, details of personal arrears and money, ledger of benefits, and details of individual arrears;

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 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. The reason for sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) of the suspended sentence is that the defendant had six criminal records for the same offense, and that the total amount of unpaid wages and retirement allowances exceeds KRW 40,000,000, are disadvantageous circumstances.

However, it seems that the defendant has no record of the same punishment exceeding the fine, and that the wage and retirement pay are unpaid due to business difficulties and economic difficulties.