A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

The Defendant, as the representative of the “C” in Chuncheon-si B, is an employer who runs the manufacturing business of Seodaemun-gu using three regular workers.

The Defendant did not pay the total amount of wages of KRW 1,238,710 on April 2017, 2017, including KRW 1,161,290 on May 20, 2017, and retirement allowances of KRW 2,400,00, and KRW 12,918,342 on May 14, 2012, and KRW 326,334, and KRW 2,000,00 on retirement allowances of KRW 1,161,290 on retirement allowances, and KRW 12,918,342 on retirement allowances, from May 14, 2012 to April 19, 2017, KRW 326,334,00 on the wage balance of KRW 2,00,000 on March 16, 207, KRW 3606,3636,65,696, etc. on retirement allowances within an agreed period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including a detailed statement, etc. of retirement prohibition);

1. Application of Acts and subordinate statutes of D;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

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

1. Selection of each sentence of imprisonment;

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant’s total amount of wages and retirement allowances that the Defendant has not paid to the victimized workers is higher than 28,212,609 won, and that the victimized workers wanted to have a strict punishment against the Defendant is an element for sentencing unfavorable to the Defendant.

However, the defendant shows the appearance of recognizing and opposing the crime of this case.