The defendant's punishment against the worker B violates the Labor Standards Act and the Labor Standards Act against the worker C.

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for 4 months and one year of suspended execution for violating the Labor Standards Act at the Gwangju District Court on January 31, 2020

2.8. The person for whom the judgment has become final and conclusive.

[Criminal facts] The Defendant is an actual operator of F and G Co., Ltd. in Gwangju Northern-gu E, who runs a construction business and electrical construction business.

1. The Defendant Company worked in G from June 1, 2019 to December 31 of the same year from June 1, 2019, and did not pay the total of KRW 13,500,000 to retired workers B within 14 days from the date of retirement without an agreement on the extension of the payment deadline.

2. The Defendant Company worked in the above F from April 1, 2018 to May 31, 2020 and did not pay the total of KRW 9,900,000 of the wages of retired workers D and retirement pay of KRW 7,00,000,000, and the total of wages of retired workers C from March 5, 2018 to January 11, 2020, and did not pay KRW 18,125,000 and retirement pay KRW 5,00,000 of the wages of retired workers C within 14 days from the date of retirement without agreement on extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against B, D, and C;

1. Previous convictions in judgment: Inquiries about criminal history and application of Acts and subordinate statutes concerning investigation reports (Attachment to the same type of judgment);

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts (a point of payment of each wage), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of each retirement allowance);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Labor Standards Act by worker, the crimes of violation of the retirement benefit security of workers, the punishment imposed on the crimes of violation of the heavier Labor Standards Act);

1. Selection of imprisonment with labor for a violation of the Labor Standards Act against selective workers B or C, and selection of a fine for a violation of the Labor Standards Act against workers D;

1. Article 37 of the Criminal Act: Provided, That Article 39 (1) of the Criminal Act shall apply to concurrent crimes (the violation of the Labor Standards Act against Workers B and C);

1. Aggravation of concurrent crimes (as to the violation of the Labor Standards Act for Workers B and C).