A defendant shall be punished by imprisonment for four months.

However, 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 an employer who operates a restaurant, employing five full-time workers under the trade name of the Young-gu, Young-gu, C B, 228 of the same Act.

1. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, when intending to dismiss the workers, make the pre-employment at least thirty days, and when 30 days have not made the pre-announcement, shall pay the ordinary wages for not less than thirty days; and

Nevertheless, the Defendant did not pay KRW 3,00,000,000, in total, five pre-employment allowances for employees under his/her jurisdiction, as shown in the list of crimes in the attached Table, when he/she dismissed workers E working in the above workplace on November 11, 2010 without prior notice on September 8, 2017, and did not pay KRW 3,00,000 corresponding to the amount of ordinary wages for 30 days.

2. The Defendant, in violation of the Guarantee of Retirement Benefits for Workers following the delayed payment of retirement allowances, did not pay 4,406,355 won in total, five retirement allowances of his/her employees, including 18,55,68 won from November 11, 2010 to September 8, 2017, within 14 days from the date of retirement without an agreement on extension of payment deadline, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each complaint filed in the course of E, F, G, H, and I;

1. Application of Acts and subordinate statutes to inquire into each average wages and retirement allowances, certificates of deposit transaction records, and details of each deposit transaction;

1. Article 110 subparagraph 1 of the Labor Standards Act and Article 26 of the same Act concerning facts constituting an offense, Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits and Article 44 subparagraph 1 of the same Act, Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and the Selection of Imprisonment with labor;

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 provides that the total amount of retirement allowances in arrears and unpaid pre-employment allowances for many workers on the grounds of sentencing exceeds KRW 50 million, and the defendant.