Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, as the actual representative of the Geumcheon-gu Seoul Metropolitan Government “C”, is an employer who operates the plastic product manufacturing business. From May 2, 2005 to April 20, 2015, the Defendant retired from the said workplace and worked in the said workplace, from February 20, 2012 to May 20, 2015, KRW 29,15,271, and retirement allowances of KRW 43,370,528, which were unpaid, were not paid respectively within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as stated in the attached list of crimes. In addition, the Defendant did not pay KRW 237,458,878, in total, including wages and retirement allowances of 12 workers, within 14 days from the date of retirement without an agreement between the parties on the extension of payment period between each party.

The Defendant is the actual representative of the Geumcheon-gu Seoul Metropolitan Government “C”, and the Defendant was working from September 9, 2013 to September 3, 2015 at the said place of business and did not pay KRW 4,340,000 as well as KRW 2,720,368 as the total amount of KRW 1,40,00 among the wages in September 2015, and KRW 1,40,000 among the total amount of KRW 1,40,000 among the wages in September 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, K, L, M, N,O, P and E;

1. Written petition of D;

1. Application of Acts and subordinate statutes to each average wages and a statement of retirement allowance;

1. Articles 109 (1) and 36 of the Labor Standards Act for Criminal Facts (not being paid as wages) of the relevant Act;

(c) Article 44-1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each worker (applicable to imprisonment);

O. Imprisonment selection)

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the amount of unpaid wages and retirement allowances, the Defendant’s age, sex, criminal records, and the circumstances after the crime, etc.