A defendant shall be punished by imprisonment for six 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 is the representative of D in Si interest-si C, who is an employer who runs the business of manufacturing fibers with 20 full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 3,625,340 to workers E who provided labor at the aforementioned workplace from October 8, 201 to April 22, 2014, and did not pay KRW 18,892,270 in total, including wages, annual leave allowances, etc. for six workers, as described in the attached Table of Crimes (1), Nos. 1, 2, 4 through 7, as well as annual leave allowances, etc., within 14 days from the date of each retirement without agreement on extension between the parties’ payment dates.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 5,344,320 of retirement allowances to workers E who provided labor at the aforementioned workplace from October 8, 201 to April 22, 2014, and did not pay KRW 31,537,760 in total for five workers as stated in the attached crime list (1) to the attached crime list (1) through 5, within 14 days from each retirement date without any agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each authentic document (number 1 through 4, 13 through 15), workplace card-related Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (this refers to a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act among the workers listed in the attached Table 1, 2, 4, and 50 (attached Table 1));

1. Selection of each sentence of imprisonment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The amount of unpaid wages, etc. paid by the defendant is small and the victim is many victims.