A defendant shall be punished by imprisonment for not less than eight 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 the representative director of the I Co., Ltd., which is located in H at the time of Gyeonggi-si, and is an employer who runs electronic parts manufacturing business using 34 regular workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant is working from January 2, 2014 to July 18, 2014 at the above workplace.

As stated in [Attachment 2, 3, 6, 8, and 9] List of Crimes Nos. 2, 3, 6, 8, and 9 against retired workers J, the total amount of 65,58,563 won, such as wages, annual allowances, and other money and valuables for five workers, was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay the retirement allowances of 33,123,819 won for 4,972,831 won to K within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as stated in the [Attachment 3,6,8,9] list of crimes committed by the Defendant, as well as 3,6,8,90 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of J, L, M, and N;

1. Application of Acts and subordinate statutes in a written calculation of average wages and retirement allowances for K, L, M, and N;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Article 62 (1) of the Criminal Act;

1. The summary of the facts charged as to the dismissal of prosecution under Article 62-2 of the Probation Criminal Act [part of the 2014 Highest 1957] is the representative director of I, a stock company I in Gyeonggi-si H at the same time.