1. The defendant shall be punished by imprisonment for four months;

2. Of the facts charged in the instant case, the violation of the Labor Standards Act against workers B.

Punishment of the crime

The defendant is an employer who actually operates (State)D in Ansan-si, and operates educational service business using 30 full-time workers.

1. Where an employer in violation of the Labor Standards Act dies or retires, the employer shall pay wages, compensations, and other money or valuables within 14 days from the time when the cause for such payment occurred, but the Defendant is working for the said workplace from November 26, 2012 to March 5, 2013.

The retirement worker E’s total wage of KRW 5,619,620, and the total wage of KRW 20,386,810, as shown in the attached list of crimes, was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, when a worker retires, pay the retirement allowance within 14 days from the date when the cause for such payment occurred, be on duty from February 3, 2012 to February 3, 2013.

The retirement allowance of retired workers, including 1,765,690 won, did not pay 4,648,978 won in total for two retirement allowances of retired workers within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement made to G, H and I;

1. Written statements of E, F and J;

1. Application of Acts and subordinate statutes on the details of wages unpaid to stock companies, business registration certificates, average wages and retirement allowances calculation certificates, and the details of accounts of wages of D companies;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent offenders, the fact that confessions of crimes with reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and efforts have been made to reach an agreement.