A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

The defendant, as the representative of (ju) D in the prime City City, is a user who runs a coffee manufacturing business employing 30 full-time workers.

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

Nevertheless, the Defendant did not pay wages of 7,535,151 won and retirement allowances of 7,425,871 won who retired from office while working in the said workplace from October 13, 200 to November 30, 2013, within 14 days from the time when the cause for payment occurred without any agreement extending the payment date between the parties concerned, and did not pay wages of 33,128,412 won and 2,3,5,412 won in total of wages of 7 workers as described in the attached crime list as described in 2,3,128,416, and 17, within 14 days from the time when the cause for payment occurred without any agreement extending the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each relevant statute;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades violating the respective Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. The portion dismissing the prosecution of the Defendant’s criminal records, age, character and conduct, environment, motive of crime, etc., focusing on the grounds for sentencing under Article 62-2 of the Social Service Order Act and the total amount of retirement allowances (a approximately KRW 70 million)

1. The Defendant, as the representative of (ju)D in C at the original city, employs 30 full-time workers.