A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The defendant is an employer who employs four regular workers in Seo-gu Incheon and operates C (State).

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

Nevertheless, the defendant is working from August 23, 2005 to June 11, 2015 at the above workplace.

Wages of 12,302,710 won and retirement allowance of 16,008,320 won and retirement allowance of 12,300 won and retirement allowance of 41,883,880 won and retirement allowance of 44,880 won and retirement allowance of 44,880 won for 44 workers, as described in the list of crimes in the attached list of crimes, have not been paid within 14 days from the date of each retirement or cause for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the calculation statement of retirement allowances, details of payment of contributions by each subscriber, ledger of benefits, and account transactions;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where taxes are not paid as retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, a sentence of imprisonment with prison labor for six months shall be imposed in consideration of the amount of unpaid wages and retirement allowances for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, but the statutory detention shall not be made to give an opportunity to recover from damage