A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is an employer who operates a manufacturing business with 10 full-time workers in the military, Si, Gun, Si, and Gun.

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

The Defendant, while working in the foregoing workplace and retired on October 28, 2014, did not pay 54,498,240 won in total for three workers as well as 161,620 won on April 4, 2013 of E-based workers retired from office on October 28, 2014, within 14 days from each retirement date without any agreement on extension of the payment date between the parties concerned, as shown in the attached crime

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

The Defendant, while working in the foregoing workplace on October 28, 2014, did not pay the total of KRW 13,765,900 for three employees as well as KRW 5,876,380 for E-Retirement Allowance of Workers retired from office on October 28, 2014, within 14 days from the date of retirement without an agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E, F and G;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the offenses of each worker's violation of the Labor Standards Act, each worker's violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for the offenses heavier than those of each Labor Standards Act);

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. It is advantageous to the fact that the suspended execution reflects the error under Article 62 (1) of the Criminal Act, and makes efforts to liquidate the money in arrears, etc.; and