A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a C representative in the Southern Port B, who is an employer who runs a manufacturing business with five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 7,009,000 in total amount of wages of 32,142,320 in total for three workers within 14 days from the date of retirement as shown in the list of crimes in the attached Table, including that he/she worked in the above workplace and did not pay KRW 32,142,320 in total for three workers within 14 days from the date of each retirement.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the defendant did not pay the total amount of KRW 6,817,970 for E's retirement allowance on November 12, 2017 to employees E who were employed in the above workplace and retired on November 12, 2017 within 14 days from the date of retirement, and did not pay KRW 15,240,490 in total for two employees within 14 days from the date of each retirement as shown in the list of crimes in the attached crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes to specifications of transactions, average wages and retirement allowances by account;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, and subparagraphs 1 and 9 of Article 44 of the Guarantee for Retirement Benefits of Each Workers;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the recommended sentence].