Defendant

A shall be punished by imprisonment for four months.

However, for one year from the date this judgment becomes final and conclusive, the above sentence shall be imposed against Defendant A.

Punishment of the crime

Defendant

A On March 20, 2014, the Seoul High Court sentenced 6 months of imprisonment with labor for a violation of the Labor Standards Act at the Seoul High Court on May 29, 2014, which became final and conclusive on May 29, 2014, and is an employer who ordinarily employs 30 workers and engages in medical research business, who was the representative director of the Gangdong-gu Seoul High Court from November 17, 2010 to January 3, 2012.

Defendant

A shall work in the relevant workplace from April 28, 2008 to December 1, 2011.

The retirement S’s total amount of wages and retirement allowances for three workers was not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment, as stated in the attached Table 1(1) through (3), including the total amount of 6,456,416,416 and retirement allowances total of 3,97,587,587 and retirement allowances total of 10,434,003, as stated in the attached Table 1(1) through (3).

B. Defendant A, around April 30, 201, did not pay the wages of T in September 201 of 201, to workers employed at the said workplace, and did not pay the total amount of wages of KRW 5,322,382 (Attached Table 1 No. 9) on the last day of each month, which is the regular wage payment date, until December 2011.

Summary of Evidence

1. Defendants’ respective legal statements

1. U’s written statement;

1. Each written petition of S, V, and W;

1. Previous convictions: Criminal records, investigation reports (Attachment to the judgment, etc. of a case relating to A), and application of respective statutes of the judgment;

1. Articles 109(1), 36, 109(1) and 43 of the Labor Standards Act applicable to criminal facts, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (unpaid of retirement allowances and choice of imprisonment with labor);

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

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The fact that wages and retirement allowances are paid to each worker under Article 62 (1) of the Criminal Act, etc.;