A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The defendant is a person who had six regular workers at the Jincheon-gun D, Chungcheongnam-do, and operated Aluminium spath (ju) E as a manufacturer of Aluminium.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 4,960,230 to two workers within 14 days from the date of retirement, as stated in the [Attachment Table 1 and 2], as well as KRW 2,660,230 of the victim F, who worked at the above company from August 10, 2006 to October 31, 2018, without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay 35,095,918 won in total for two employees as stated in the list of crimes Nos. 1 and 3, as well as 31,841,95 won in the victim F’s retirement allowances, which had been employed at the time and place described in paragraph (1), within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the details of payment of wages and retirement allowances, average wages and retirement allowances, and a written petition;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the sentencing of Article 62 (1) of the Criminal Act: Circumstances that are disadvantageous to the total amount of damage: The punishment shall be determined as ordered by taking full account of all the circumstances, including the defendant's age, character and conduct, environment, and circumstances before and after crimes, etc., and the fact that it is favorable to the total amount of damage: the first crime and reflects, the effort was made to prevent the expansion of damage, and the substitute payment for some workers

1. Parts of the dismissal of prosecution;