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

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

(e).

Punishment of the crime

The defendant was the representative director of KK in Ansan-siJ, and is an employer who employs 52 full-time workers and operates a golf course business.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

From February 27, 2015 to April 4, 2016, the Defendant did not pay the total amount of KRW 5,33,333 won and retirement allowance of KRW 2,902,00 from February 27, 2016 to April 4, 2016, within 14 days from the date of retirement without agreement on extension of the payment period, as well as the payment of KRW 38,57,823 won and annual salary of KRW 30,305,39 of the retirement allowance of KRW 88 employees from the date of the foregoing day to the date of the crime, as shown in attached Table 3 to 7,9,10,13, and 38,57,823 won and annual salary of KRW 3 through 7,7,9,11, and 16 to the date of the foregoing day without agreement on extension of the payment period.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date);

1. Each police report on L, M, N,O, I, P, and Q;

1. Each statement of R and S;

1. Each petition of N and I;

1. Certification of business registration, certified copy of corporate register, rules of employment, detailed inquiries about employment insurance places, list of persons acquiring the place of business, and inquiry about the list of unemployed persons;

1. Application of Acts and subordinate statutes on the current status of each daily overtime, labor contract, confirmation of payment of wages, statement of wages, wage ledger, calculation details of each retirement allowance, details of retirement benefits, calculation of each retirement allowance, details of each retirement allowance, and details of arrears by individual;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;