A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, violation of the Labor Standards Act with respect to workers B and C.

Punishment of the crime

The defendant is the representative director of the KM in Kimhae-si, who is a user who operates a manufacturing business of advanced equipment by employing 18 full-time workers.

The Defendant had worked in the said workplace from September 1, 2015 to April 28, 2017, and had retired workers F’ wage of KRW 1,516,70 on December 2016, and had not paid KRW 1,60,00 on January 2, 2017, wage of KRW 1,60,600 on March 2, 200, wage of KRW 1,60,000 on April 3, and KRW 1,60,461 on April 2, 201, and total amount of KRW 2,670,110 on April 28, 201, without agreement between the parties on the extension of the payment date, and had not paid KRW 2,670,110 on the total of KRW 1,60 on March 1, 207, 200 on the retirement allowance of KRW 1,60,581 to 267,582,786.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A detailed statement of money and goods in arrears, average wages, and a written calculation of retirement allowances for each individual;

1. Detailed confirmation of subscription to the fourth social insurance policyholder, detailed statement of history of insured status, detailed statement of employment for employment insurance worker, annual salary contract, annual salary ledger, each benefit ledger, detailed statement of individual-day wages, passbook for each individual, rules on defined benefit type retirement pension, list of insured status of defined benefit type retirement pension, and result of payment;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Facts constituting an offense: Article 109 (1) or Article 36 of the Labor Standards Act that does not pay retirement allowances: Article 44 subparagraph 1 or Article 9 of the Guarantee of Retirement Benefits of respective workers;

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

1. Selection of each sentence of imprisonment;

1. According to the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, there is room to take into account the circumstances.