A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is the representative C in the five floors of Geumcheon-gu Seoul Metropolitan Government, who is a full-time worker and runs the clothing processing business, etc. using 20 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant is working in the above workplace from December 12, 2012 to March 29, 2019.

D’s total wage of KRW 20,774,193 as well as KRW 22,45,202 as well as KRW 20,774,193 as well as retirement allowance of KRW 22,45,202 as well as KRW 158,832,159 as well as KRW 158,832,159 as well as KRW 23 as wage of KRW 9,184,544 as well as retirement allowance of KRW 59,647,615 as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D (in the face of the defendant);

1. Each statement of E, F, G, H, I, J, and K;

1. The details of each part of the arrears (L, M, N,O, P, Q, R, S, T, U,V, W, X, Y, Z);

1. A written calculation of average wages and retirement allowances (D, L, M, N,O, P);

1. Application of Acts and subordinate statutes on delayed payment;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. The provisions of Articles 40 and 50 of the Criminal Act (attached Form 1 through 5) concerning each worker listed in the table of crime, the violation of the Labor Standards Act, the violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment determined on the violation of the Labor Standards Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act are as follows: Defendant’s age, character, character and environment, etc.