A defendant shall be punished by imprisonment for four 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 the representative of a D farm located in Gyeonggi-si C, who employs three full-time workers and operates a crop cultivation business.

1. The Defendant violated the Labor Standards Act, including that the Defendant did not pay KRW 892,00 on February 14, 2014 to E who worked from March 17, 201 to August 14, 2015 without agreement on the extension of the wage payment date, and did not pay KRW 15,441,000 for the total amount of two workers’ wages as shown in the list of crimes in the attached Table, respectively.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers in the above farm from March 17, 201 to August 14, 2015, did not pay KRW 6,479,589, in total, 12,113,906 of the retirement allowances for two workers as stated in the list of crimes in the attached Table, including the fact that the Defendant did not pay KRW 6,479,589, without agreement on the extension of the payment date of retirement allowances to E from March 17, 201 to August 14, 2015

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each statement;

1. Application of Acts and subordinate statutes to each average wages and a statement of retirement allowance;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for each worker;

1. Articles 40 and 50 of the Criminal Act for the Commercial Concurrent Crimes (only between a violation of the Labor Standards Act for Workers F and a violation of the Labor Standards Act for Workers F, a violation of the Labor Standards Act for Workers E, a violation of the Labor Standards Act for Workers E, and a violation of the Guarantee of Workers' Retirement Benefits);

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. Although the defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order does not have a substantial amount of wages and retirement allowances, most of the crimes are recognized and sentenced to more severe punishment than fines.