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

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

Punishment of the crime

The defendant is the representative director of the corporation D, which is located in Yongama Group C, who employs 50 full-time workers and operates the manufacturing business.

1. The Defendant in violation of the Labor Standards Act did not pay 9,315,648 won, including E’s annual leave allowances not used during the period of leave from November 1, 2010 to May 1, 2015, in total, 14 days from the date of retirement without agreement on the extension of the payment deadline, as shown in the attached crime list, as well as KRW 81,920, which retired from the said workplace, to the said workplace.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay the retirement allowances of KRW 11,824,772 of E retirement allowances retired from the said workplace from November 1, 2010 to May 1, 2015 as well as KRW 57,929,674 of the total retirement allowances of 12 retired workers from the date of retirement without agreement on the extension of payment date, as shown in the list of crimes in the attached crime (excluding this No. 4).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to B, and F’s petition;

1. Application of Acts and subordinate statutes for reporting investigations into the current status of unpaid money and goods, average wages, and retirement allowances;

1. Relevant criminal facts, Articles 109(1) and 36 of the Act on the Standards for Selective Labor, Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and the Selection of Imprisonment with labor, respectively;

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 Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Crimes No. 1 of the sentencing guidelines for the first category [the scope of the recommended punishment] (the scope of the punishment shall be less than 50 million won) of the unpaid wages and the second class (4 months to 8 months) of the basic area (no person subject to special sentencing) [the scope of the recommended punishment] of the basic area (4 months to 8 months) of the base area (no person subject to special sentencing) (no person subject to special sentencing): April to one year:

2. Decision of a sentence of substitute payment: