A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The Defendant, as the representative of Geumcheon-gu Seoul Metropolitan Government 2’s “C”, is an employer who runs the clothing manufacturing business using 13 full-time workers. From April 1, 2009 to October 17, 2014, the Defendant served in the said workplace and did not pay the total of 3,900,000 won for the amount of wages of December 1, 201, 70,000 won for the amount of wages of July 201, and 2,000 won for retirement allowances of 11,946,030 won, from February 1, 209 to October 17, 2014, and did not pay the retirement allowances of 19,38,000 won for retirement allowances of 30,000 won for the amount of wages of 2,200,000 won for the period of 13,530,000 won for retirement allowances from July 1, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Article 109 (1) or 36 of the Labor Standards Act concerning facts constituting an offense (unpaid of wages)

(a) Article 44-1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each worker (to select imprisonment with labor), Article 44-1 of the Act on the Guarantee of Retirement Benefits for Workers

O. Imprisonment selection)

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. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the scope of the unpaid wages and retirement allowances in this case, and the criminal records of the defendant) or more.