A defendant shall be punished by imprisonment for six months.

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

(e).

Punishment of the crime

The defendant is an employer who operates hotel business with 50 full-time workers in Ansan-si, a member-gu, Ansan-si.

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

Nevertheless, the Defendant did not pay the amount of KRW 11,65,970, including D’s wages and unused annual allowances, etc., which had been employed from October 1, 2017 to July 31, 2019, and retirement allowances of KRW 6,810,636, as indicated in Nos. 1 to 21, 23 to 26, total amount of wages, unused annual allowances, year-end annual allowances, and year-end year-end refund of KRW 153,075,260 (i.e., wages, unused annual allowances, total amount of KRW 162,471,620 - B’s wages, unused annual allowances, annual-end annual-end refund, total of KRW 9,396,360), and retirement allowances, total of KRW 81,464,09 (i.e., the first charged amount, KRW 87,881,735, B,717,766).

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and a written statement representing the draft D;

1. Application of statutes, such as business registration certificate (E), certified copy of the register (E) and details of accrued benefits;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act concerning facts constituting an offense, the main sentence of Article 44 and the main sentence of Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Articles 40 and 50 of the Criminal Code of Trade Competition (the same worker violates each Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It appears that most of the grounds for the suspended sentence under Article 62(1) of the Criminal Act, including the delayed payment amount of KRW 25,000,000, would have been repaid or processed as substitute payment. The Defendant did not have paid wages in a planned and malicious manner, but reached the instant case due to the business shortage of the hotel operated.