1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The Defendant, as a representative of “D” located in Scheon-si, is an employer who runs a manufacturing business using 35 full-time workers.

1. Where a worker in arrears retires, the employer in arrears of wages shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the ground for such payment occurred, but the Defendant did not pay the total amount of KRW 36,658,970 to 5 employees, as stated in the list of crimes in the attached Table, including KRW 505,135, which served from December 1, 2012 to June 30, 2017 at the said workplace, within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date.

2. The employer in arrears with a retirement allowance shall pay the retirement allowance within 14 days from the date on which the ground for the payment thereof occurred if the employee retires, but the Defendant did not pay the total of KRW 13,974,912 to the five employees as stated in the attached crime list, even though the employer did not agree on the extension of the payment deadline between the parties, as well as KRW 4,057,289, working in the above workplace from December 1, 2012 to June 30, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition and a written statement of E, F, G, H, and I;

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

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 Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of each Labor Standards Act and each of the violations of the Labor Standards Act of the retirement benefit security of workers shall be more severe between them);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the punishment imposed on a violation of the Labor Standards Act against G with the largest number of concurrent crimes).