The defendant is punished by imprisonment with prison labor for six months for workers C, D, E, F, and G, and for workers H and I.

Punishment of the crime

On December 4, 2014, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Labor Standards Act at the Changwon District Court on October 10, and the said judgment became final and conclusive on the 12th of the same month.

The defendant is a user who employs six full-time workers on the fifth floor of the Bupyeong-gu Incheon Bupyeong-gu J building and operates (ju) K.

When an employee retires, the employer shall pay the wages, compensations, and other money and valuables within 14 days from that time, and even if the employee pays retirement allowances within 14 days from that time when the cause for such payment occurred, the Defendant is working in the above workplace from May 20, 2013 to October 31, 2014.

The retirement C’s total amount of wages of KRW 7,350,00 and retirement allowances of KRW 3,409,171, or retirement allowances of KRW 14 days from the date of occurrence of the cause for the retirement or payment of KRW 29,039,384, including the total amount of wages of KRW 2,450,00 on August 2014, did not be paid within 14 days from the date of occurrence of the cause for the retirement or payment of KRW 3,409,171, as stated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of C, E, and F;

1. Each petition of D, G, H, and I;

1. A written calculation of average wages and retirement allowances;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a copy of judgment);

1. Relevant statutory provisions concerning criminal facts; Article 109(1) and Article 36 of the Labor Standards Act; Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (Selection of each fine on the violation of the Labor Standards Act to workers C, D, E, F, and G and the Act on the Guarantee of Workers' Retirement Benefits; Article 109(1) and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes (any crime against workers C, D, E, F, and G and any crime for which judgment has become final and conclusive);

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