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.

Punishment of the crime

The defendant is a user who runs the steel structure painting business using ten full-time workers under the trade name of "C," from Sacheon City B, B, etc.

1. The Defendant did not pay KRW 2,500,00 of the D’s wage in February 2012, 2012, which was served as the warden from August 7, 2012 to May 15, 2014, and did not pay KRW 88,167,741 in total for nine retired workers within 14 days from the date of retirement without any agreement between the parties to the extension of the payment deadline, as described in the attached list of crimes.

2. The Defendant did not pay KRW 8,837,920 of the retirement pay set forth above D 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. A protocol of examination of suspect with special background to the accused (including the E part of the statement);

1. Each written statement of F, G, and E;

1. Application of Acts and subordinate statutes to a copy of a statement of retirement allowance calculation and benefit ledger;

1. Article 109 (1) and the main sentence of Article 36 of the Labor Standards Act (the fact that wages are not paid) of the relevant Act on criminal facts, Article 44 subparagraph 1 and the main sentence of Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that wages are not paid due to retirement);

1. Article 40 and Article 50 of the Criminal Act for Commercial Competition (Inter-Koreans who violate the Labor Standards Act for D and the Act on Guarantee of Workers' Retirement Benefits, and inter-Koreans who violate each of the Labor Standards Act for E and F, H, I, J, and K, respectively);

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the Defendant was not paid wages or retirement allowances to nine workers on the grounds of sentencing under Article 62(1) of the Criminal Act, and that the total amount of unpaid wages and retirement allowances exceeds KRW 96 million, the Defendant’s liability for the crime is not minor.

However, the defendant is recognized as all of his/her crime, and the defendant has discontinued his/her business due to the closure of his/her business without paying the subcontract price and the suspension of business during the financial crisis.