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 this judgment becomes final and conclusive.

Punishment of the crime

The defendant, as the actual manager of C in his own city B, is an employer who ordinarily employs six workers and operates restaurant business.

When a worker retires, the employer shall pay him/her wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant is working from January 2, 2018 to January 23, 2020 at the above workplace.

Re-retirement D’s wages of KRW 2,280,00, retirement allowances of KRW 5,368,93, and labor from July 8, 2019 to January 23, 2020.

Wages of retired E shall be 3,160,000 won, and shall work from May 27, 2019 to January 23, 2020.

The retiredF’s wages of KRW 3,140,00,00, and the period from September 16, 2019 to January 23, 2020.

The retired G's wages of KRW 2,700,00,00, and those from December 5, 2019 to January 23, 2020.

The retired H did not pay the total of KRW 17,748,933, including KRW 1,100,000, within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes governing the confirmation of facts such as telephone, etc., to the statement of F, the average wage and retirement allowance calculation statement;

1. Article 109(1) of the Labor Standards Act, Article 36 of the former Labor Standards Act (amended by Act No. 17326, May 26, 2020); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which refers to unpaid wages) concerning criminal facts;

1. Selection of alternative imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act (with regard to D, a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [decision of types] that violates the Labor Standards Act: (a) there is no person who has not been paid wages, etc. (type 1] below 50 million won (special person) [the scope of recommendations and recommendations]; (b) the basic area of recommendation [the scope of recommendations and recommendations]; (c) April to August 2.