A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

As the representative of Kimpo-si C Co., Ltd. located in B, the Defendant is an employer who employs full-time workers in the above workplace and engages in the Aluminium processing business. On October 3, 2016, the Defendant did not pay the 3,383,870 won of D’s wages, retirement allowances of 4,165,510 won, retirement allowances of 2.5 million won, retirement allowances of 18,074,217, workers F’ wages of 3,296,60 won, retirement allowances of 13,186,898 won within 14 days from the date of each retirement without agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statement (List 2, 9, 11), each statement of retirement allowance allowance calculation (List 4, 10, 12), unpaid details (List 5), copy of passbook 6 (List 6);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to facts constituting an offense; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of respective Workers;

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

1. Imprisonment with prison labor for choice of punishment;

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

1. Article 62(1) of the Criminal Act on the stay of execution (a) does not have any record of criminal punishment except for the confessions, reflectivity, the two times before and after the suspension of the execution of a new term of imprisonment, and one time before and after the suspension of the execution of a new term of imprisonment for a period of thirty years, and does not seem to have been intentional or maliciously unpaid, and has endeavored to recover from damage, and up to now, 1.2 million won in total for workers D, 1.3 million won in total for workers E and F; and

1. Article 62-2 of the Criminal Code of the Social Service Order