A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The defendant, as the representative director of the company X in W at the Gyeonggi-si, is a user who runs a software development business using 25 full-time workers.

1. Violation of the Labor Standards Act;

(a) Wages shall be paid at least once a month on a fixed date;

Nevertheless, the Defendant did not pay the total amount of KRW 33,354,895 on the 25th day of each month, which is the date of the regular payment of wages, as stated in the [Attachment] No. 1-4 times, including KRW 799,510 of the workers Y who work as accounting staff from October 17, 2016 at the above workplace, as well as KRW 79,510 on January 1, 2017.

(b) When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 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 75,061,754, respectively, within 14 days from the date of retirement, as indicated in the column for “guilty” in the attached crime list, as well as KRW 1,821,90 of the retired workers C, who worked in the said workplace from December 26, 2014 to April 28, 2017, as well as KRW 1,821,90 on January 1, 2017.

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

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

Nevertheless, the Defendant, as above, is included in the [Attachment] List Nos. 13, 14, and 21, as well as the [Attachment] 5,773,748 won of retirement pay of employees C who worked and retired at the above workplace, and as indicated in the [Attachment] List No. 13, 14, and 21.