A defendant shall be punished by imprisonment for six 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

Defendant 5204, grouped 2015, grouped 5204, grouped to 12 employees, was the employer of “B” company that ordinarily employs 12 employees, and was not paid 48,303,475 won in total for four workers’ wages and retirement allowances within 14 days from the date of retirement without any agreement on the extension of the due date for payment between the parties, as shown in the attached list of crimes, including D’s total amount of wages from December 18, 2013 to April 22, 2015, and retirement allowances of KRW 6,880,000, and retirement allowances of KRW 1,626,970, as stated in the attached list of crimes.

Defendant 2015 grouped 8194 is the employer of “B” corporation that has a manufacturing factory in Bupyeong-gu Incheon Metropolitan Government, and the Defendant did not pay the aggregate of KRW 10,450,000,000, paid for retirement pay of KRW 14,3388,888, including the total of KRW 10,450,00,000 and the total of KRW 14,333,888,888, in total, from February 1, 2011 to June 29, 2015, to May 2015, for E retired from office without an agreement between the parties to the payment.

Summary of Evidence

2015 Highest 5204

1. Statement by the defendant in court;

1. Each authenticity of D, F, G and H, and the second written statement which is the authenticity of G;

1. Each non-paid specification 2015 Highest 8194

1. Statement by the defendant in court;

1. Statement made by special judicial police officers to E;

1. Application of Acts and subordinate statutes to the unpaid specifications and a statement of calculation of each retirement allowance;

1. Article 109(1), Article 36 of the Labor Standards Act (the fact that the liquidation of gold is not possible) for facts constituting an offense, and Article 44(1) and Article 44(9) of the Guarantee of Retirement Benefits for each worker (the fact that the payment is not made) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act (limited to the crimes of violation of each Labor Standards Act and each Labor Standards Act and the crimes of violation of the Guarantee of Retirement Benefits of Workers for the relevant workers), and the choice of imprisonment, respectively;

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 suspended execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order.