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

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

Punishment of the crime

The defendant is the representative director of the Dispute Settlement Bank D with the fourth floor of Gangnam-gu Seoul Metropolitan Government, who uses eight full-time workers and operates software development and supply business.

1. An employer who fails to pay wages shall, if a worker retires, pay all money and valuables, such as wages, within 14 days from the date of retirement, unless otherwise agreed by the parties concerned on the extension of the payment period;

The defendant worked in the above workplace from March 1, 2013 to August 20, 2015, and did not pay the total amount of KRW 6,449,235 of the wages in arrears from June 1, 2015 to August 20, 2015 of retired workers E within 14 days from the date of retirement without agreement on the extension of the payment deadline, and did not pay the total amount of KRW 87,146,823 within 14 days from the date of retirement without agreement on the extension of the payment deadline, as shown in the list of crimes in the attached Form.

2. An employer who fails to pay a retirement allowance shall, if a worker retires, pay the retirement allowance within 14 days from the date on which the grounds for payment occur, unless the parties have agreed to extend the payment deadline.

The defendant worked in the above workplace from March 1, 2013 to August 20, 2015, and did not pay 6,409,270 won of retirement pay E of retired workers from the above workplace within 14 days from the date of retirement without any agreement on the extension of payment deadline, and did not pay 43,591,750 won in total for 43,59,750 won from the date of retirement within 14 days from the date of retirement without any agreement on the extension of payment deadline, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. G statements;

1. Each petition of H and I;

1. Application of the Acts and subordinate statutes on the details of arrears and earned income collection receipts;

1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense (the fact that wages are not paid) and the Guarantee of Retirement Benefits for respective workers.