A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant, as a representative of the “D” located in the Gyeonggi-do, is an employer who has been engaged in textile manufacturing business using seven full-time workers.

1. Where an employer in arrear of wages retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from the date on which the cause for such payment occurred to the said workplace, but the Defendant did not pay 49,500,000 won in total to 7 employees as indicated in the attached Table of Money and Valuables in Arrears, including the amount of wages 1,50,000 won in February 27, 2012 to May 26, 2016 and retired from 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 occurred if the employee retires, but the Defendant did not pay the amount of KRW 74,142,940 as well as KRW 1,351,84 of the E’s retirement allowance that the employee retired while working in the said workplace from February 27, 2012 to May 26, 2016 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 period, as stated in the schedule of the attached money and valuables in arrears.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on verification of facts, such as a petition, certificate of payment unpaid, business registration certificate, telephone, etc.;

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 imprisonment with prison labor chosen;

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. The amount of unpaid wages and retirement allowances for the reason of sentencing under Article 62(1) of the Criminal Act exceeds 100 million won, and the defendant has the same criminal records and two times.