A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is the actual operator of (State)C in Sacheon-si, who is a user who operates textile manufacturing business using 48 full-time workers.

1. On January 8, 2018, the Defendant in violation of the Labor Standards Act is serving as a member of the above company.

As shown in the list of crimes (excluding the part concerning retirement allowances) in the attached Table, D's wage of 1,650,000 won for January 15, 2019, which was retired on January 15, 2019, was not paid within 14 days from the date of occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

2. The Defendant violated the Guarantee of Workers' Retirement Benefits Act, as above, did not pay the retirement allowances of the said D including the retirement allowances of the said D 4,775,770 won, and the total amount of 74,984,150 won to the said 19 workers, as shown in the list of crimes (the retirement allowances part) in the attached Table, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement;

1. Each written petition;

1. Application of Acts and subordinate statutes to detailed statements on overdue money and goods, average wages and retirement allowance calculation statement;

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 Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent offenders, the crime of this case for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not good, the number of employees who have not paid wages or retirement allowances is a large amount of money, the unpaid amount reaches a total of 600 million won, and there is no circumstance in which the defendant has made efforts for the recovery of damage, and there is no circumstance in which the defendant has made efforts for the recovery of damage. The defendant does not have a criminal record exceeding the same criminal record or fine, and the age, character, character and environment of the defendant is other.