A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

[2017 Highest 3914] The Defendant is an employer who operates transportation business with ten full-time workers under the trade name of “C” in Busan Jin-gu, Busan and 1122.

The Defendant did not pay KRW 15,059,670 and retirement allowances of KRW 3,253,210 within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment period between the parties, while serving in the said workplace from April 3, 2014 to May 18, 2017 and retired workers H, from March 2016 to April 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act (the fact that the payment of gold is not made) of the relevant Act on criminal facts, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the fact that the payment of gold is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The portion dismissing the prosecution in consideration of the following: (a) the violation of the reason for sentencing under Article 62(1) of the Criminal Act; (b) there is no record of punishment exceeding the fine; (c) the process leading to the crime; and (d) unpaid

1. The summary of the facts charged [2017 Highest 3024] The Defendant is the representative director of Busan Jin-gu F or G Co., Ltd. G with 1122, who runs transportation business using ten full-time workers.

From April 1, 2016 to January 31, 2017, the Defendant, while serving in the said company and retired from office, did not pay 20,032,531 won in total, including three wages, retirement allowances, etc., within 14 days from the date of each retirement, for four months from October 2016 to January 2017, without an agreement on the extension of the payment deadline between the parties concerned, within 14 days from the date of retirement, as stated in the details of money and valuables in the separate sheet of payment in arrears between the parties concerned.

2. Article 109(1), Articles 36, and 109(2) of the Labor Standards Act for Reasons for Dismissal of Public Prosecution; Article 109(2) of the same Act; and Article 109(2) of the same Act of Guarantee of Retirement Benefits for Workers