A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

The defendant, as the representative director of Seo-gu Incheon Metropolitan City D (main), is an employer who runs the iron-processing business using five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the above workplace from July 1, 2003 to September 30, 2015 and had retired from office on August 30, 2015, and had not paid 12,704,080 won in total as well as 3,353,200 won in August 2015, and 14 days from the date of retirement without agreement on the extension of payment date between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay the total amount of KRW 91,520,687, including the above E’s retirement pay of KRW 39,621,689, and KRW 91,520,687, such as the details of delayed payment of attached money and valuables (excluding No. 3,4 a year), within 14 days from the date of retirement, without any agreement on the extension of payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A written petition;

1. Application of the employment insurance details and the details of passbooks to statutes;

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

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. Article 62(1) of the Criminal Code of the Suspension of Execution (the fact that the defendant reflects the defendant and recognizes the crime of this case, and that the defendant has any particular criminal record other than a single-use fine.