A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The Defendant is the representative of the Gangseo-gu Busan Metropolitan Government “C” and is an employer who runs a manufacturing business using seven full-time workers.

When a worker retires or dies, the employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant is working at the same workplace from March 7, 2017 to May 30, 2018.

Withdrawn did not pay 5,475,00 won in total and 1,335,165 won in total for five months from January 2018 to May 201 of the same year, and did not pay 189,265,311 won in total to eight workers within 14 days from the date of retirement, as stated in the attached Form, as stated in the statement of arrears.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each written appeal, each written statement, and each retirement allowance calculation result;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Articles 40 and 50 of the Criminal Act for each ordinary competition (a punishment imposed on each worker for a violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits, and a punishment imposed on each of the punishments for a violation of the Labor Standards Act with heavier punishment

1. Selection of each sentence of imprisonment;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the violation of the Labor Standards Act with respect to workers E with the largest penalty);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with prison labor for one to four years;

2. Scope of recommended sentences according to the sentencing criteria;

A. Class 1 crime (Violation of the Guarantee of Workers' Retirement Benefits Act) [Determination of Penalty] Violation of the Labor Standards Act, such as wages, etc. [Type 3] 100 million won or more (no special person).