A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 has been engaged in educational service business under the trade name of 12 full-time workers in Busan Northern-gu C and 3.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant worked as an instructor in the course of study from October 28, 2003 to May 16, 2017 at the above place of business and did not pay 6,422,903 won in total, including 24,693,097 won in retirement allowance of retired workers F, and 66,422,903 won in total, within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and G;

1. A written calculation of average wages and retirement allowances;

1. Application of the Acts and subordinate statutes verifying the closure of business;

1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Retirement Benefits for each worker selected as a result of the penalty, and the choice 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (from April to August) of the first category (less than 500 million won) and the unpaid amount, such as wages, etc. (no person who is subject to special sentencing];

2. The Defendant who rendered a sentence shows the attitude to recognize and reflect all of the instant crimes.

Wages other than retirement allowances were paid to workers.

Some of the instructors appeal to the defendant's prior action because the driving school has discontinued its operation for a long time and could not pay retirement pay, and some of the instructors appeal to the defendant.

Other than a fine imposed once.