A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of the "C" in Seoul Special Metropolitan City, Nowon-gu, and is an employer who runs the chartered bus transport business with 25 full-time workers.

The Defendant did not pay the total amount of D wages and retirement allowances of 6,98,750 won, retirement allowances of 3,967,135 won, which he/she retired from his/her workplace from February 1, 2016 to March 31, 2018, within 14 days from the date of his/her retirement, without any agreement on the extension of the payment deadline between the parties concerned, and did not pay the total amount of 48,79,195 won for 5 employees, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement of E, F, G, D, and H;

1. Application of Acts and subordinate statutes to each average wages and a statement of adjusting retirement allowances and a statement of benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) for facts constituting an offense set forth in the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages) of the same Act;

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

1. Selection of each sentence of imprisonment;

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. According to Article 62(1) of the Criminal Act, the Defendant’s reasons for sentencing under Article 62(1) of the suspended sentence shall be determined as ordered by the sentence, taking into account the following: (a) although there are not many kinds of wages and retirement allowances that the Defendant has paid, the Defendant did not have the same criminal history and reflects his/her mistake; (b) the unpaid money and valuables are paid to some workers