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

The Defendant is an employer who employs four full-time workers as the representative of “D” in Bupyeong-si, the Defendant is an employer who runs the pipe manufacturing business, etc.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

Nevertheless, the defendant worked in the above workplace from April 1, 2002 to March 31, 2017, and did not pay 22,865,593 won of retirement allowance E of the retired victim within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 44 of the Act applicable to the facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers Eligible for the Voluntary Retirement, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: In the event workers fail to receive wages and retirement allowances properly, it is necessary to strictly punish the act of not paying retirement allowances, such as this case.

The retirement pay of this case is considerably significant as approximately KRW 22 million.

The favorable circumstances: The mistake is recognized.

There is no history of criminal punishment.

In addition, the punishment shall be determined as ordered by comprehensively taking into account the various sentencing conditions shown in the records and arguments, such as the background of crimes and the circumstances after crimes.