1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The defendant is the representative of the Co., Ltd. located in the 7th floor of building B in Yeongdeungpo-gu Seoul Metropolitan Government, who has operated a medical device wholesale and retail business with five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

The Defendant did not pay a total of KRW 19,057,751 to D who retired from his/her workplace from May 1, 2013 to July 31, 2016, as well as KRW 58,017,313 of wages for three workers, such as the period in attached Table 1 of the List of Crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

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

The Defendant did not pay KRW 9,123,518 of retirement allowances to D who retired from the said workplace from May 1, 2013 to July 31, 2016, and did not pay KRW 30,326,160 in total for three employees, as in attached Table 2 of the List of Crimes, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each copy, written statement, and written statement of D, E, and F;

1. Application of the original Acts and subordinate statutes to verify arrears;

1. Article 109 (1), Article 36 (Payment of Wages) of the Act on the Standards for Workers' Retirement Benefits, and Article 44 subparagraph 1, and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of conceptual concurrence (Punishments imposed on a person who commits a crime of violating each Labor Standards Act);

1. Selection of imprisonment with prison labor chosen;

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. Article 62(1) of the Criminal Act on the suspension of execution (the following grounds for sentencing).