A defendant shall be punished by imprisonment with prison labor for four months.

However, 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 the representative of (ju)G heading building F, who runs a construction business with ten full-time workers as the representative of both weeks.

1. On August 1, 2016, the Defendant violated the Labor Standards Act, while working for the said company on May 26, 2018, and did not pay KRW 7,090,000 in total as shown in the attached crime list, including KRW 2.5 million in February 2018 retired on May 26, 2018.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is serving in the company on August 1, 2016.

On May 27, 2018, the retirement allowance of H was not paid KRW 4,457,132 to H on May 27, 2018, within 14 days from the date of occurrence of the relevant cause for payment, without any agreement between the parties to the extension

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of H’s written Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Article 62(1) of the Criminal Act include: (a) the fact that the Defendant was punished for the same kind of crime around 1999, around 2002, around 2018; (b) the amount of unpaid wages, etc.; (c) the Defendant’s age and character, personality and conduct, family relationship, motive and means of the crime; and (d) the circumstances after the crime, etc., as indicated in the instant records and arguments, shall be comprehensively taken into account.

Public Prosecution Rejection Parts

1. The summary of the facts charged is the owner who runs a construction business with 10 full-time workers as the representative of (ju)G of the building E in both weeks.

around March 2012, the Defendant was serving as a member of the above company and was on November 24, 2018, and was on October 2017, 400,000 won and attached list of crimes.