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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Criminal facts

The defendant is an employer who ordinarily employs 23 workers and operates N company.

The Defendant, at the place of business of N Co., Ltd., Ltd. located in Haan-gun, around September 2017, worked as a worker from May 8, 2017 to August 31, 2017, and the Defendant did not pay KRW 2,967,370 in total, including the wages, etc. of the victim P retired and did not pay within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, as stated in the attached Form “detailed statement of money and valuables in arrears” once 8, 10, 11, 12, 14, 15, 17, 18, 19, 20, and 222, the Defendant did not pay 11 workers, wages, and retirement allowances, etc. within 14 days from the date of retirement without agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s petition;

1. Application of statutes on business registration certificates;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which did not pay retirement allowances within 14 days), respectively, for the relevant criminal facts;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment imposed on Q for a violation of the Labor Standards Act, a violation of the Workers' Retirement Benefit Security Act, a violation of the Labor Standards Act on R, a violation of the Workers' Retirement Benefit Security Act, a violation of the Workers' Retirement Benefit Security Act, and a punishment imposed on a violation of the Labor Standards Act, the quality of which is heavier);

1. Selection of penalty: Imprisonment with prison labor;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment of concurrent crimes against punishment provided for in the violation of the Labor Standards Act with respect to the heaviestR);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences: Imprisonment with prison labor for one month to four years and six months;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for four months to eight months.

(a) Determination of types: Wages for crimes violating the Labor Standards Act;