1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The defendant is the representative director of Pyeongtaek-si D, who operates the manufacturing business by employing five full-time workers.

1. Where an employer in violation of the Labor Standards Act retires, the employer has paid wages, compensations, and all other money and valuables to the employee E within 14 days from the date when the cause for such payment occurred, but the Defendant, while working in the said workplace from June 1, 201 to July 30, 2013, did not pay the total of 16,206,70 won for two workers, including the amount of wages of 4.5 million won for the employee E, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer has not paid retirement allowances within 14 days from the date when the cause for such payment occurred, despite the fact that the Defendant, on July 30, 2013, paid retirement allowances of the above E, including KRW 9,478,230, as well as KRW 14,919,410, respectively, for two employees as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to each benefit and written confirmation for payment;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and Article 109 (1) and Article 36 of the same Act, the choice of imprisonment with labor for an offense;

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

1. Although the suspended sentence of Article 62(1) of the Criminal Act repeats the same kind of crime as the reason for sentencing, it is a negative reason for sentencing. However, the punishment as the order is determined by taking into account the following factors: (a) the accused was led to confession of the crime and efforts to recover victims’ damage; (b) there is no record of punishment exceeding the fine; and (c) the accused’s age, character and conduct