A defendant shall be punished by imprisonment for six months.

except that 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 of the C limited partnership company in Chuncheon City, who runs the taxi transport business using 17 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 5,932,656, in total, the amount of KRW 5,932,656, which was 2,09,48, and the annual paid leave paid in June 2017, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline between the parties concerned and their retirement allowances, including KRW 1,913,760, and annual paid leave paid in June 2016.

2. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act was employed by the said company from May 21, 2004 to July 31, 2018, and did not pay 36,189,227 won of the retirement allowances of the said D, which was retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing correction of violations of labor-related Acts and subordinate statutes, such as a written petition, an average wage and a written calculation of retirement allowances, etc.;

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act lies in the circumstances favorable to the defendant, such as that the defendant had no record of other crimes, in addition to the two-time penalties, and that he/she seems to have committed a crime.

However, the fact that the amount of unpaid money or retirement benefits is not significant, and that the damage of the victim is still not recovered, etc. are favorable to the defendant.

The age of the defendant.