A defendant shall be punished by imprisonment for six months.

Punishment of the crime

From January 4, 1980 to March 11, 2013, the Defendant is the representative of the D Co., Ltd. located in Daegu North-gu, Daegu-gu, and engaged in the manufacturing industry by employing eight full-time workers.

1. The Defendant violating the Labor Standards Act is working for the said D Co., Ltd. from March 16, 2002 to December 31, 2012.

A retired worker E’s wages of 801,250 won in September 2012, 201, wage of 2,445,850 won in October, wage of 11, wage of 2,284,700 won in November, wage of 12, and total of 1,559,250 won in December, did not pay 7,091,050 won in total within 14 days from the date of retirement without an agreement on extension of the due date, and did not pay 46,152,420 won in total as shown in attached Table 1.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working for the said D Co., Ltd. from March 16, 2002 to December 31, 2012.

2,162,270 won of retirement allowance E of retired workers was not paid within 14 days from the date of retirement without any agreement on the extension of the due date for payment, and the total amount of 249,051,000 won of retirement allowance of eight workers, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Details of the amount in arrears, detailed statement on retirement allowances, average wages and retirement allowances calculation statement, and application of statutes to wage ledgers;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each sentence of imprisonment;

1. Among concurrent offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is that the defendant led to the crime of this case, only one criminal record of the defendant, the substitute payment has been made to the victims, and the defendant has old age, but the substitute payment is not paid even if it is considered that the substitute payment was made.