The defendant is the representative director of D Co., Ltd. in the Dongsan-gu Seoul Metropolitan City, which is a user who runs a software development business using four full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay 78,641,150 won in total for three retired workers within 14 days from the date of retirement without an agreement on the extension of payment period between the parties concerned, as stated in the list of crimes attached hereto, while serving as an employee from the above company from July 3, 200 to April 30, 2015.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay 30,249,860 won in total to three retired workers as stated in paragraph (1) within 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned, as stated in the list of offenses committed in the attached Table.

Summary of Evidence

1. Protocol concerning the examination of the police of the accused;

1. Application of Acts and subordinate statutes to each fact-finding statement;

1. Article 109 and Article 36 of the Labor Standards Act for the relevant facts constituting an offense (which refers to unpaid wages) and Article 44 subparagraph 1 and Article 9 of the Act on Guarantee of Retirement Benefits for each Workers (which refers to unpaid retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The amount of unpaid wages and retirement pay for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is considerable; the escape abroad prior to the institution of the instant indictment is refusing to attend the trial; the amount payable partially during the trial is paid; and the initial offender is determined as ordered by taking into account the following: