A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

1. The Defendant of the 2018 Highest 1102 case is an employer who runs the manufacturing business of components of a ship by ordinarily employing 33 workers under the trade name of “C” from the Chang-si, Chang-si, Seoul Special Metropolitan City.

From October 3, 2008 to January 15, 2018, the Defendant did not pay KRW 635,6420, annual unused allowances, KRW 760,00, retirement allowances 17,373,270, as indicated in the list of crimes in the attached Form, including that the Defendant did not pay KRW 109,726,420, total wages and retirement allowances of seven workers, as indicated in the list of crimes in the attached Table, without agreement on the extension of the due date between the parties.

2. The Defendant, as the representative director of C, was the Defendant of the 2018 High Order 1318, and was working at the said workplace from September 8, 2009 to November 23, 2017, the Defendant did not pay 1,560,000 annual paid leave allowances, retirement allowances of 11,04,820 won, and the total of 142,017,90 won for unpaid paid leave allowances and retirement allowances of 10 employees, as indicated in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the former Labor Standards Act (Amended by Act No. 15108, Nov. 28, 2017; Act No. 15108, May 29, 2018); Article 44 Subparag. 1 and Article 49 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Imprisonment with prison labor chosen;

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. The sentencing of Article 62(1) of the Act on the Suspension of Execution is between 3.1 billion won and 3.1 billion won based on the basis of the reduction of the classification of types, and the sentencing guidelines between 6.1 and 1.2 and 1.2 years from 1.6: the recommended sentencing guidelines are not applicable: the basic area (from 8.6 months).