A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is an employer who operates a manufacturing business (ship components) using 120 full-time workers in the trade name of F Co., Ltd. in the 3370 treatment shipbuilding 3370 at Gyeongnam-si.

1. The Defendant in violation of the Labor Standards Act, from June 25, 2012 to April 11, 2016, did not pay KRW 417,911,940, total amount of wages of 111 retired workers, within 14 days from each retirement date, without any agreement on extension of the payment date between the parties concerned, as stated in the attached list of crimes (excluding No. 3,7, 17, 22, 34, 58, 72, 79, 86, 108, 116, 121), including KRW 5,185,430, G’s wages retired from the company as a lighting.

2. From June 25, 2012 to April 11, 2016, the Defendant violated the Guarantee of Workers' Retirement Benefits Act, including KRW 9,072,88 of G retirement pay of G retirement pay retired from the above company as a lighting supervisor, and did not pay KRW 14 days from each date of retirement without agreement between the parties on the extension of the payment period, as stated in the attached list of crimes (excluding No. 5, 13, 32, 34, 35, 36, 70, 74, 78, 84, 92, 98, 100, 104, 107, 107, 112, 115, 1215, 105 of retired workers as well as KRW 781,474,844, as well as KRW 14 days from each date of retirement without agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and I;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes to the full statement of personal arrears money and valuables;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing criteria applicable to cases prosecuted after September 15, 2016 for reference to sentencing in Article 62(1) of the Criminal Act are as follows.

Type 3 (at least KRW 100,00) (at least KRW 100) is not paid for the first offense (at least KRW 100,00).