1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The defendant, as the representative director of Geumcheon-gu Seoul Metropolitan Government (ju), is a user who operates a program development business using seven full-time workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and extend the date by mutual agreement between the parties concerned, if any special circumstance exists;

Nevertheless, the Defendant, from July 18, 201 to July 31, 2016, retired from the said workplace, was not paid KRW 500,000 on January 1, 2015 of D, as well as KRW 6,916,660 on the total amount of four retired workers, as shown in the list of crimes in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment period.

2. An employer who violates a guarantee of retirement benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days after the ground for such payment occurred, and extend the payment date by mutual agreement between the parties concerned in special circumstances;

Nevertheless, the Defendant did not pay KRW 16,447,319, total retirement allowances of four retired workers, including KRW 16,447,319, which were retired from the said workplace from July 18, 201 to July 31, 2016, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as stated in the list of crimes in the attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written complaints from D, E, F, and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning employment contracts, a statement of wages, and retirement allowance calculation;

1. Article 109 (1), Article 36 (Payment of Wages, etc.) of the Act on the Guarantee of Retirement Benefits of Workers under Articles 44 subparagraph 1 and 9 of the same Act concerning facts constituting a crime;

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

1. Selection of the penalty;