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 a user who is operating an electronic equipment manufacturing business using 15 full-time workers as a corporate representative director in Seo-gu Incheon, Seo-gu.

Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, while working from around October 5, 2015 to October 10, 2016, did not pay KRW 3,141,630 of the retired employee D wages ( KRW 1,269,315 for July 2016, KRW 87,365 for KRW 87,365 for KRW 801,90 for August 9, 2016, and KRW 875,922 for KRW 16 for employees as stated in the details of the money in arrears in the attached Form, and did not pay KRW 53,893,93,937 for total and KRW 8,637,794 for employees within 14 days from the date of retirement without agreement between the parties on the extension of payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police petitioner to E;

1. Each true statement of F, G, D, H, I, J, K, L, M, E, N, P, Q, R, and S;

1. Application of Acts and subordinate statutes to the details of overdue debts;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on the violation of each Labor Standards Act for Workers D, J, K, N, andO, each of the violations of the retirement benefit security for each worker, the punishment imposed on the violation of each Labor Standards Act with heavy nature, the punishment imposed on the violation of the Labor Standards Act for Workers S, the between the violation of the Labor Standards Act for Workers S, and the violation of the worker's retirement benefit security, and the punishment imposed on the violation of the worker's retirement benefit security, the nature of which is heavier);

1. Selection of each sentence of imprisonment;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with punishment prescribed in a violation of the Labor Standards Act against Q, the nature of the crime and circumstances of which are the largest workers);

1. The Criminal Act, the suspension of execution;