A defendant shall be punished by imprisonment for six 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.

(e).

Punishment of the crime

The defendant is the representative of the Agricultural PartnershipF in Namyang-gun E, who is a full-time worker and operates a kimchi manufacturing business by using 11 workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked from September 17, 2012 to October 31, 2015 at the same place of business, and had retired from the said place of business and had not paid the total of KRW 25,97,008, including KRW 6,947,08, from May 17, 2015 to October 10 of the same year, as well as KRW 25,997,00,00 in the list of crimes in the attached Table, within 14 days from the date of retirement, without agreement on the extension of the payment period between the parties.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant did not pay KRW 4,165,925 of the above G retirement allowance in the above workplace within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the respective laws and regulations of H, I, J and G

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of payment of unpaid wages);

1. Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

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 amount in arrears of the instant case on the grounds of sentencing under Article 62(1) of the Criminal Act, is not substantial.

However, there are extenuating circumstances, such as the fact that the defendant has no criminal history of the same kind, the fact that the defendant was faced with a crisis in the operation of the company and the fact that the wage in this case seems to have been delayed, and that he seems to have made considerable efforts to agree with the workers.