A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

The Defendant is an employer who runs the wholesale and retail business of card terminals using 16 full-time workers as the representative director of Geumcheon-gu Seoul Metropolitan Government (ju) H located within 806, and the Defendant did not pay 2,581,140 won in total of the unpaid wages to the said workplace during the period from March 16, 2015 to August 21, 2015 without an agreement on the extension of the payment period between the parties, and did not pay 14 days from the date of retirement without any agreement on the extension of the payment period between the parties. The Defendant did not pay the unpaid wages of 7 workers within 14 days from the date of each retirement period without any agreement on the extension of the payment period between the parties. Moreover, the Defendant did not pay the unpaid wages to the said workplace within the period from March 16, 2015 to August 27, 2015 without any agreement on retirement allowances between the parties to retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of K, L, M, I, J, and N;

1. Application of respective Acts and subordinate statutes of theO;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (not being paid as wages)

(a) Article 44 Subparag. 1, and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (Determination of Imprisonment);

O. Imprisonment selection)

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. Of the facts charged in the instant case, the part dismissing the prosecution under Article 62(1) of the Act on the Suspension of Execution (i.e., the size of the retirement pay in arrears, the developments leading up to the delay of payment, and the fact that the defendant found the above facts charged, the defendant was operating the card wholesale and retail business as the representative director of the said (ju) H, while working in the said workplace from December 2, 2014 to July 31, 2015, the amount of KRW 5,314,136, which was not paid until 14 days after the date of retirement without agreement between the parties on the extension of the payment period between the parties, as well as the amount of KRW 5,314,136, which was paid by the said workplace.