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 of "2017 Highest 2564" is the representative director of C, a corporation in Gyeonggi-si B, who is engaged in the manufacturing industry by employing three full-time workers.

The Defendant did not pay KRW 31,189,827 in total for six workers within 14 days from the date of retirement, as stated in the list of crimes in attached Form, including that the Defendant did not pay KRW 485,00 on July 13, 2016 of D’s retirement pay of KRW 485,00,000, pro rata wage of August 2016, and the amount of KRW 2,090,000 on August 2016 between the parties without agreement on the extension of the payment date, and did not pay KRW 31,189,827 in total for six workers, as stated in the list of crimes in attached Form.

The defendant of "2017 Highest 4518" is the representative director of C in Gyeonggi-si B, who is a company with three regular workers and operates a manufacturing business.

The Defendant served in the said workplace from around December 8, 2014 to August 27, 2016, and retired from the said workplace, and the Defendant did not pay KRW 840,000,00 for retirement pay, KRW 4,090,935 for retirement pay, and KRW 15,785,329 for the total sum of KRW 15,785,39,09 for retirement pay from around October 19, 2014 to May 20, 2017, as well as KRW 3,00,000 for retirement pay, KRW 7,854,39 for retirement pay, without an agreement between the parties on the extension of the payment date.

Summary of Evidence

[2017 Highest 2564]

1. Statement by the defendant in court;

1. Each complaint filed by G, H, I, and J, and each written statement;

1. A statement or a petition of K;

1. A true statement and written statement of D;

1. Statement of the calculation of average wages and retirement allowances, details of daily allowances, account inquiry, payment confirmation, etc.;

1. Statement by the defendant in court;

1. Each document of E and F;

1. A written confirmation, details of financial transactions, and calculation statement of retirement allowances;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts; Article 44 Subparag. 1, Article 44 Subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits; and each choice of imprisonment with labor, for each crime;

1.Article 40 of the Criminal Code of Trade and Trade.