A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The defendant is a full-time employee who employs 11 full-time workers in Gangnam-gu Seoul as the trade name of the F Co., Ltd. in Seoul.

On November 1, 2013, the Defendant was employed and worked for the F Co., Ltd. (F) on November 29, 2015 without having agreed with G workers who retired from office on the extension of the payment deadline, and without having reached an agreement on the extension of the payment deadline, the Defendant did not pay KRW 24,463,30 of the said G wages and KRW 6,659,140 of the said G G wages within 14 days from the date of his/her retirement. On May 12, 2014, the Defendant was employed on May 12, 2014, without having reached an agreement on the extension of the payment deadline with H of the retired workers on June 30, 2015, the Defendant did not pay KRW 15,143,400 of the said H’s wages and KRW 2,816,1

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written complaint of G;

1. A contract for work of annual salary (G), average wages, and a written determination of the amount of retirement pay;

1. Application of the statutes of subparagraph (H) of average wages and retirement allowances;

1. Article 109 (1), Article 36 (Violation of Duty to liquidate Money and Valuables, Selection of Imprisonment), Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for Workers ( Unpaid Retirement Benefits, Selection of Imprisonment, etc.) of the relevant Act and Articles 109 (1), and 36 (Determination of Imprisonment, etc.) of the Labor Standards Act concerning facts constituting an offense;

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

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. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is an employer who employs 11 full-time workers under the trade name of Seoul Gangnam-gu Seoul Metropolitan Government F Co., Ltd., and is employed on May 9, 2014 and works on May 30, 2015, the Defendant did not pay KRW 14,916,660 of wages and retirement allowances and KRW 2,794,070 of retirement allowances within 14 days from the date of retirement without an agreement on the extension of payment period with D on June 30, 2015.

2. Each of the facts charged is an offense against the express will of the victimized employee under Article 109(2) of the Labor Standards Act and the proviso of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits.