A defendant shall be punished by imprisonment for six 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 user who is a representative director of Yeongdeungpo-gu Seoul Metropolitan Government 905, who employs 45 full-time workers and engages in software development business.

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

Nevertheless, while serving in the above workplace from December 19, 2004 to February 28, 2014, the Defendant did not pay KRW 3,661,038 of the retired workers D's wages in August 2013, 2014, KRW 3,723,900 in January 3, 2014, KRW 2,525,645 in February 2014, KRW 1,000 in the annual salary for year 2012, KRW 1,764,09 in total, KRW 12,674,673 in the amount of annual salary for year 200, KRW 1200 in the amount of annual salary for year 2012, and KRW 1,674,673 in the amount of payment between the parties without any agreement on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, while working in the foregoing workplace from September 1, 2010 to September 13, 2013, did not pay KRW 13,885,263 of retirement pay of retired workers E, and KRW 53,334,453 of D retirement pay within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. To apply Acts and subordinate statutes to each report on the arrears of wages of E and D and written statements;

1. Article 109(1), Article 36 of the Labor Standards Act (the point where money or goods are not liquidated), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act among the crimes of violation of D, the Labor Standards Act and the crimes of violation of the Guarantee of Workers' Retirement Benefits Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the defendant.