A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The defendant is the representative of Co., Ltd. C in Ansan-gu, who is engaged in the wholesale business of telecommunications equipment and parts by employing nine full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 36,094,510, total amount of KRW 35,800,000 and annual average of KRW 294,510, and annual average of KRW 294,510, which were retired from office of the said stock company, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties, at the place of business of the said stock company, from April 1, 2014 to December 28, 2015, and did not pay KRW 33,02,20,000, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) the instant stock company’s place of business; (b) the D retirement pay5,514,616 won retired from office from April 1, 2014 to December 28, 2015, was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties; and (c) the eight employees retired from office, who worked as shown in the list of crimes in the attached Form, were not paid the total amount of KRW 114,737,90 within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made by the police against D, D, and seven appeals filed by the police;

1. To apply the data proving the arrears (the details of account transactions, the unpaid status, the statement of insured status, etc.);

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid as wages, etc.);

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

1. Selection of imprisonment with prison labor chosen;

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. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.