A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a representative director C, a company located in the second floor of Seoul Jung-gu B building, who runs a printing business using 20 regular workers.

Notwithstanding that an employer shall pay all money and valuables, such as wages and retirement allowances, within 14 days from the date of retirement, to May 19, 2018, when a worker retires, the Defendant did not pay 260,405,927 won in total of 16 workers’ wages and retirement allowances as stated in the attached crime list, including 19,140,56 won in total of 19,140,566 won, and 260,405,927 won in total of 16 workers’ wages and retirement allowances as stated in the attached crime list from November 21, 2013 to May 19, 2018, for 15 workers E, within 14 days from the date of the agreement on the extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the petitioner with respect to F;

1. Each written true statement of E, G, and D;

1. H’s petition;

1. Application of Acts and subordinate statutes to each statement of the calculation of average wages and retirement allowances (in an investigation record, 90 pages, 101 pages, 102 pages);

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Articles 109(1) and 36 of the Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; 3 through 5; 4. Violation of the obligation to liquidate money and goods); Articles 109(1) and 36 of the same Act (amended by Act No. 1, 2, 6 through 16; 44. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (mutually between a violation of the Labor Standards Act by worker in the market and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommending punishment] and the basic area of non-paid Type 3 (not less than KRW 100 million) such as wages ( April to June).