A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, from August 31, 2016 to March 31, 2017, the Defendant, while working in the same workplace and retired from office, did not pay the total amount of KRW 52,419,90,00 for the total amount of wages of 33 employees, as stated in the part of “the details of personal delayed payment” in the attached Table, excluding KRW 8,14,15,27,38, as well as KRW 2,00,130 in February 2017, within 14 days from the date of retirement without agreement between the parties on the extension of the due date of payment.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay the wages, etc. within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant, while working at the said workplace from October 26, 2015 to March 31, 2017, did not pay KRW 2,579,894, as well as KRW 8,14,15,27,27, and 38, the sum of KRW 50,849,872 of the retirement allowances of 22 employees, as stated in the remaining part of “the details of personal delayed payment” in the attached Table, excluding the remaining part of “the amount of retirement payment”, as well as KRW 8,14,15,27, and 38, respectively, within 14 days from the date of retirement without any agreement on the extension of the payment period

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, I, J, K, L, M, C, N, andO;

1. Each written petition;

1. Details of calculation of retirement allowances, and application of Acts and subordinate statutes on the wage ledger;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to the facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of Workers;

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

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62(1) of the Criminal Act for suspended execution [the sentencing criteria].