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 became final and conclusive.

(e).

Punishment of the crime

The defendant of "2017 Highest 2403" is a user who runs a manufacturing business as the representative of E (ju) located in Sejong Special Self-Governing City D.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 5,365,755, and retirement allowance of KRW 3,640,517, including wages and annual paid leave allowances, to employees F who retired from the said workplace from around June 8, 2016 to November 28, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

From July 4, 2016 to June 7, 2017, the Defendant, “2017 Highest 3450,” committed an act at the said company and did not pay KRW 7,47,563, retirement allowances, 3,518,675, including the wages and annual allowances of retired workers H, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline, when he/she performed an act at the said company from November 6, 2015 to April 20, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and each copy;

1. Application of Acts and subordinate statutes to the specifications of output of e-mail and bonus, calculation of retirement allowances, each salary statement, average wages, and retirement allowances estimate, wage arrears confirmation, and details of transfer;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (a violation of the duty to liquidate money or goods), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the duty to liquidate money or goods), and Articles 44 Subparag. 1 and 44 of the same Act;

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

1. Selection of each sentence of imprisonment;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The decisions of the Supreme Court according to the sentencing criteria.