The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

If an employer fails to pay both wages and retirement allowances to a retired worker without any special circumstance within 14 days from the date on which the ground for such payment occurred, the crime of violating the Labor Standards Act and the Labor Standards Act and the Guarantee of Retirement Benefits for Workers is established. Each of the above offenses is attributable to one act, and is in a mutually competitive relationship.

The judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment, since each of the above crimes against H, U, and P, which had not been paid both wages and retirement allowances, is treated as substantive concurrent crimes.

In addition, since each crime against the above workers and the other crimes of the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below is no longer maintained.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, on the ground that there is a ground for reversal ex officio as above, and the judgment below is reversed, and the following is ruled again

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant facts constituting an offense, Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Retirement Benefits for each Workers (in the case of unpaid wages), Article 28 Subparag. 1 of the former Guarantee of Wage Claim (amended by Act No. 12528, Mar. 24, 2014), Article 30 of the Criminal Act (in the case of substitute payment).