A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

The defendant is the representative D in the third floor of the Dongjak-gu Seoul Metropolitan Government, who is an employer who runs the clothing processing business by employing ten full-time workers.

1. The Defendant violating the Labor Standards Act is working at the same workplace from July 7, 2014 to October 7, 2014.

A total of 70,354,328 won for 11 employees, including the total of 1,387,415 won of wages E of retired workers, was not paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

2. A defendant who violates the Guarantee of Workers' Retirement Benefits Act shall work at the same workplace on October 1, 2014.

A total of 31,960,700 retirement allowances for 7 workers, including 9,127,040,000 retirement allowances for retired workers, was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. H’s self-statement;

1. The application of each of the Acts and subordinate statutes to E, six others, I, and one other;

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 each sentence of imprisonment;

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

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