A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The Defendant is an employer who operates a mutual travel company (hereinafter referred to as “company”) called “stock company I” in Jeju-si.

1. Although an employer in violation of the Labor Standards Act has paid all money and valuables, such as wages, within 14 days from the time when the cause for such payment occurred when a worker retires, the Defendant did not pay the total of KRW 4,300,000 in wages and job allowances of the J working for the company from November 5, 2012 to July 31, 2013 without agreement on extension of the due date between the parties, and did not pay KRW 4,30,00 in total within 14 days as stated in [Attachment 1,2,3,3,8,12] No. 39,69,320 won (=4,30,000,000 + KRW 20,164,080 + KRW 39,90,390,318,518,716).

2. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 4,321,980 of K’s retirement benefits, which he/she worked in the company from July 3, 2012 to August 31, 2013, as stated in [Attachment 2, 8, and 12] No. 10,157,230 of employees K, M, and N3’s retirement allowances (part of KRW 39,69,320 as described in paragraph (1)) in total, as stated in [Attachment 2, 8, and 12].

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by a judicial police officer against J, K, L, M, and N;

1. Application of the Acts and subordinate statutes to the “written passbook copy, “payment, deposit details, withholding receipt for wage and salary income,” each wage statement, “payment statement, attendance book, and details of wage receipt account”, “written passbook copy, inquiry of details of account, statement of account, certificate of contents, confirmation of delayed payment of wages,” “written statement of account deposit, copy, statement of transaction, each wage and retirement allowance calculation statement, history inquiry, and list

1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Commercial concurrence: the Criminal Act;