A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 the representative of Ansan-si, a member D in Ansan-si, who is an employer who operates the business of manufacturing motor vehicle parts by employing 22 full-time workers, and the employer shall pay all money and valuables, such as wages and retirement allowances, within 14 days from the date of retirement, unless the employer has agreed to extend the date of retirement.

Nevertheless, the Defendant, while working from October 1, 201 to March 10, 2018, did not pay the E’s wages of KRW 3,393,549 and retirement allowances of KRW 16,435,595, which were retired without agreement on the extension of the due date, and did not pay the total of KRW 54,198,467 and retirement allowances of KRW 164,867,267 within 14 days from the date of each retirement without agreement on the extension of the due date.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written petition;

1. Submitting a register of beneficiaries of retirement pension, submitting a labor contract, list of disqualified persons at each place of business, submitting a ledger of benefits, and applying statutes to average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal facts as to each of the relevant Articles of the Act, subparagraph 1 of Article 44 of the Guarantee of Retirement Benefits for Workers, and Article 9 of the same Act (which shall not be paid for retirement);

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

1. Selection of alternative imprisonment with labor (the amount of unpaid wages and retirement allowances, etc.);

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. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (the payment of a considerable portion of the wages and retirement allowances paid, the absence of any criminal record for the same kind of crime, and the circumstances favorable to the crime of this case).