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 the operator of (State)D in Daegu-gu C.

1. The Defendant worked in D from November 1, 201 to May 20, 2013, and did not pay KRW 40,935,480 of his/her retired workers E wages (the monthly wage of KRW 3,00,000 up to April 2013, and the monthly wage of KRW 1,935,480 up to May 2013) and retirement allowances of KRW 2,938,873,610 within 14 days from the date of his/her retirement without agreement on the extension of the fixed period.

2. The Defendant worked in D from November 1, 201 to February 20, 2013, and did not pay the wages of KRW 18,460,830 of the retired workers F, as wages of KRW 18,460,830 (wages of KRW 2,00,000 up to November 2012, and monthly wages of KRW 1,032,260 up to December 2012, 201, wages of KRW 2,000,000 on January 1, 2013, and wages of KRW 1,428,570 on February 20, 2013, and retirement allowances of KRW 1,447,670 on total of KRW 19,908,500 on the date of retirement within 14 days without agreement on the extension of the period.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each prosecutorial statement concerning F and G;

1. Statement of each police statement of E;

1. Application of Acts and subordinate statutes to the details of overdue wages, calculation of average wages and retirement allowances, and details of overdue money and valuables;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violating the respective Labor Standards Act, the crimes of violating the Guarantee of Workers' Retirement Benefits Act, and the punishment provided for the crimes of violating each of the Labor Standards Act of more severe punishment);

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of the punishment stipulated for the violation of the Labor Standards Act with respect to the heavier E);

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the same kind of power, leads to the instant crime even though the Defendant had the same kind of power, the damage is not caused, the Defendant is divided into and against the mistake in the court, and the operation of the company is difficult.