A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a representative director of D Co., Ltd. with 13 floors in Busan Metropolitan City, who employs approximately seven full-time workers and has them engage in funeral-related service business.

The Defendant was employed by the foregoing company on December 3, 2007 and served as a funeral director on February 18, 2014, and was retired on February 18, 2014, and did not pay the bonus of 277,750 won on July 18, 2012, bonuses of 462,910 won on September 2, 2012, bonuses of 462,910 won on February 2013, 2013, wages of 1,384,00 won on February 1, 2013, wages of 1,384,000 won on January 3, 2014, and wages of 889,714 won and retirement allowances of 8,412,807 won on February 13, 2014, within 14 days after the date of retirement without agreement on the extension of payment period.

In addition, the Defendant did not pay the total amount of KRW 41,552,317 of the wages and retirement allowances of four workers within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the detailed statement of the money and valuables in arrears by each individual.

Summary of Evidence

1. Each statement of F and E;

1. A written complaint and a written complaint;

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

1. Application of Acts and subordinate statutes to report on investigation (F statement hearing);

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no past record of the same kind of crime, that some of wages and retirement allowances is deemed that the previous employer would have to pay the final obligation, and that damage amount, etc.);

1. Social service order under Article 62-2 of the Criminal Act;