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

[criminal power] On February 15, 2019, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act at the Suwon District Court, and the said judgment became final and conclusive on February 23, 2019.

【Criminal Facts】

The defendant is a C representative in Mosung City B, who was engaged in the manufacturing industry with 20 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 2,00,000 and retirement allowance of KRW 64,134,519 as of May 2, 2018 to workers D, who were in charge of general management and work from April 2, 200 to May 11, 2018 at the above workplace, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the petitioner filed by the police against D;

1. Documents of judgment on civil procedure;

1. Inquiry into employment insurance cards for places of business;

1. Previous convictions in judgment: Application of Acts and subordinate statutes such as inquiry of criminal records, pre-disposition, results confirmation report, etc.;

1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant's unpaid wages and retirement allowances were high, which led to a large amount of economic suffering of the victimized workers, and the damage recovery has not been made up until now.

However, the fact that the defendant recognizes the crime of this case, the payment procedure for substitute payment by the damaged worker, and the auction procedure for the defendant's property.