A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, C, D, E, F, G, H, I, J, K, L, M, N,O, P, Q, R, S, T.

Punishment of the crime

The Defendant, as the representative of the Bank of Korea, is an employer who is employed by 65 full-time workers and engages in the manufacturing industry. From May 30, 200 to May 22, 2012, the Defendant worked in the above workplace and did not pay the worker X wages of 5,233,979 won and retirement allowances of 4,570,360 won within 14 days from the date of occurrence of the cause for payment without an agreement on extension of the due date for payment between the parties concerned. From April 2, 2012 to June 2012, the Defendant did not pay the total wages of 31 workers of the above workplace within 79,185,481 won and the total amount of KRW 15,831,710 among them within 14 days from the date of occurrence of the cause for payment without any agreement on extension of the due date for payment between the parties concerned.

Summary of Evidence

1. Statement of the defendant in the protocol of trial;

1. Application of the Acts and subordinate statutes to each written appeal and statement of the petitioner;

1. Fact-finding that the relevant legal provisions apply to the payment of wages: Article 109 (1) and Article 36 of the Labor Standards Act does not pay retirement allowances: Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Of the facts charged in the instant case, the part concerning the dismissal of prosecution as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the summary of the part concerning C, D, E, F, G, H, I, J, K, L, M, N, P, Q, R, S, T, and U is as follows: “Defendant has not paid the total of KRW 87,22,636 of wages and the total of KRW 12,381,510 of five of them as stated in the attached list 2 of the crimes committed in the instant case, including KRW 9,989,930 of wages of workers E who were employed in the place of business as stated in the instant judgment, and KRW 10,381,510 of them within 14 days from the date of their retirement without an agreement on the extension of payment period between the parties concerned.” Of the above facts charged, the amount of the above wages falls under Article 109(1) of the Labor Standards Act.