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 became final and conclusive.

Punishment of the crime

[Criminal Power] On February 11, 2015, the Defendant was sentenced to one year of suspended sentence for a violation of the Labor Standards Act by the District Court of the Republic of Korea on April 1, 2015 and the said judgment became final and conclusive on February 24, 2015.

【Criminal Facts】

The defendant is the representative director of the "C" in Sacheon-si, who is a user who runs the textile processing business by utilizing 90 full-time workers.

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

Nevertheless, the Defendant, while serving in the workplace from July 6, 201 to June 10, 2014 and retired from the workplace, did not pay KRW 300,000,000 as well as retirement pay KRW 3,352,035 as well as KRW 31,19,121 for the total amount of wages and retirement allowances for 9 workers within 14 days from the date of retirement, as shown in the list of crimes in the attached Table, including the fact that the parties did not agree on the extension of the payment date, and did not pay KRW 31,19,121, respectively, within 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, F, G, H, I, and J;

1. Each statement K and L;

1. An average statement of wages and retirement allowances;

1. The history of each insured worker, detailed statement of benefits, etc.;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. As to the instant wages, the details of the delayed payment of retirement allowances, the amount of delayed payment, the criminal records of the Defendant, and the Defendant’s instant case.