A defendant shall be punished by imprisonment with prison labor for not more than ten 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 an employer who is a person in charge of the operation of a vessel processing business with the trade name of 150 full-time workers in D (State) located in G (state) in Si, Gyeongnam-si, and is a person in charge of the operation of the vessel processing business.

1. The Defendant violated the Labor Standards Act, as indicated in attached Table 1, including the wage of KRW 1,931,720 for October 2016, and wage of KRW 2,730,910 for wage of KRW 79,190 for November 2016, the Defendant did not pay KRW 248,52,943 for total wages of KRW 52 of workers within 14 days from the date of retirement without any agreement on the extension of payment date between the parties.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 64,69,789 in total, including KRW 64,692,789, as stated in the attached Table 3, as well as KRW 6,287,29, of G retirement allowances of retired workers who were employed in the workplace from March 13, 2015 to November 11, 2016, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. H and 133 others accusations;

1. Each petition filed by one other, one J, one K, L, and 22 other;

1. A list of data obtained in relation to a complaint case, and a report on collection of investigation fees;

1. Statement made by the police against the complainant and details of the unpaid money and valuables by individuals;

1. Certification for each closure of business;

1. Application of Acts and subordinate statutes governing fact-finding, including telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act concerning facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid for retirement benefits) 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the number and amount of damage to the victims of the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order are not many, the defendant has no criminal history.