A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a person who operates a accommodation business with the trade name of (State D) D in the old-nam War C.

1. The Defendant in violation of the Labor Standards Act is working at the above establishment from August 12, 2013 to December 31, 2013.

A retired worker E’s wages of KRW 1,250,00, total amount of KRW 2,500,000, and total amount of KRW 2,500,000, each of the wages around November 1, 2013 and December 16, 2013, are not paid within 14 days without any agreement on the extension of the due date between the parties, and is working from January 1, 2006 to April 16, 2014 as shown in attached Table 2 to 14 days.

The 39,772,430 won in total, such as wages, annual paid leave allowances, etc. of 10 workers retired, was not paid within 14 days without any agreement between the parties on the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working at the above establishment from June 7, 201 to July 10, 2013.

A retired worker’s retirement allowance of 3,967,986 won is not paid within 14 days without any agreement between the parties on the extension of the due date for payment, and is working from July 19, 2004 to April 16, 2014 as shown in the attached Table Nos. 1, 2, 8 through 10.

20,687,474 won of retirement allowance of five retired workers was not paid within 14 days without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of E, G, H, I, J, K, L, and M;

1. Each petition of F, N, E,O, P, G, J, K, L, H, and I;

1. Application of Acts and subordinate statutes on each payment record of F, L, J, and K's retirement allowances;

1. Relevant legal provisions concerning facts constituting an offense and the fact that selective wages, etc. are not paid: The fact that retirement allowances are not paid under Articles 109 (1) and 36 of the Labor Standards Act: The choice of imprisonment under Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act; and

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

1. As to Article 62(1) of the Criminal Code, the defendant has no same power and is entitled to substitute payment to most workers.