A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

The defendant is an employer who employs eight full-time workers in Gyeyang-gu Incheon, and operates a member of the D fixed-term department.

When a worker retires, the employer shall pay wages, compensations, and other money and valuables within 14 days from that time, and despite the fact that the employer has paid retirement allowances within 14 days from the date when the cause for such payment occurred, the Defendant did not pay the total amount of wages of 25,035,676 won and retirement allowances of 16,406,708 won within 14 days from the date of each retirement date or the date when the cause for such payment occurred, as stated in the attached list of crimes, including that the Defendant worked from August 9, 2008 to September 10, 2014 in the above workplace and did not pay the amount of wages of 33,30 won from September 9, 2014 of E who retired from office within 14 days from that date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on details of wages and retirement allowances in arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

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

1. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the remaining amount of reasons for the suspended sentence under Article 62(1) of the Criminal Act is not much specified and thus, the sentence of imprisonment is to be applied.