A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a person who is engaged in the business of developing communication equipment (system) technology while operating corporation D in the fourth floor of Gangnam-gu Seoul Metropolitan Government C Building.

1. An employer who violates the Labor Standards Act due to non-payment of wages, etc. shall, if the employer retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant: (a) served as the head of the foregoing workplace from November 7, 2016 to July 15, 2017; (b) served as a retired worker E’s wage of KRW 28,577,200; and (c) served as a director from September 15, 2014 to July 29, 2017; and (d) did not pay KRW 32,667,500 of the worker F’s wage to the retired worker from the said workplace within 14 days from the date of retirement without any agreement between the respective parties on the extension of payment period.

Accordingly, the Defendant did not pay the total amount of KRW 61,244,700 to two workers in the above workplace within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for an employee unpaid as a retirement allowance shall, if the employee retires, pay the retirement allowance within 14 days after the ground for such payment occurred.

Nevertheless, the defendant did not pay 19,131,540 won of F's retirement allowance of 19,131,540 won within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Written statements of E and F;

1. Application of the current status of calculation of retirement allowances, each benefit ledger, and each statute on payment;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits;

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

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.