A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of the daily house C located in Asan-si, and is an employer who operates a daily house using three full-time workers.

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

Nevertheless, from November 1, 201 to January 17, 2017, the Defendant, while working in the above food house C, did not pay the total of KRW 18,921,130 of the wages of retired workers D within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, from November 1, 201 to January 17, 2017, the Defendant served in the said daily house C, and did not pay KRW 22,615,514 of the retirement allowances of retired workers E, while serving in the said daily house C from January 18, 201 to January 17, 2017, within 14 days from the date of retirement, without any agreement between the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes on a petition;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of recommended punishment) and non-payment of wages, etc.

(b) Class 1 (50 million won or less) is not paid, such as wages of Class 2 (the scope of recommended punishment).