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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant of "2016 Highest 3947" is an employer who employs 10 full-time workers as the representative director of Songpa-gu Seoul Metropolitan Government B and the second floor and operates a research and development business.

From June 4, 2012 to February 29, 2016, the Defendant did not pay KRW 2,450,000 for retired workers D in February 2016, and KRW 9,068,280 for retirement allowances within 14 days from the date of retirement as shown in the list of crimes in attached Table 1, and did not pay KRW 4,861,00 for four workers’ wages and retirement allowances within 14 days from the date of retirement, as shown in the list of crimes in attached Table 1.

The defendant of "2017 Highest 2276" is the representative director of C (State) who is a software developer in Songpa-gu Seoul Metropolitan Government B and second floor, and is a person in charge of business operation of the above company.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 63,080,559 won in total for four employees, as shown in the list of crimes in attached Table 2, including the amount of wages and retirement allowances of 4,350,000 won, retired from the said workplace from March 3, 2016 to June 10, 2016, within 14 days after the retirement without any agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of relevant laws and regulations of D, F, G, H, I, E, and J

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each alternative fine for punishment;

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 reasons for sentencing under Article 62(1) of the Criminal Act are unpaid.