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

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

Criminal facts

The Defendant, as the representative of the Geumcheon-gu Seoul Metropolitan Government Co., Ltd. 1311, is an employer who uses more than four full-time workers and operates software development business, etc., from February 3, 2014 to March 3, 2015, the Defendant did not pay KRW 10,590,742 in total of the wages of 683,334 won in November 2014 and other money and valuables 160,980 won in total and retirement allowances and KRW 2,012,832 in total within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as shown in the attached list of crimes. The Defendant did not pay KRW 158,084,820 in total, including the wages and retirement allowances of 10 workers, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of respective laws and regulations of D, E, F, GHI, J, K, L, and M;

1. Articles 109(1) and 36 of the Labor Standards Act for Criminal Facts (the wages and other money and valuables for each worker) of the relevant Act;

(k) Article 44-1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each worker (the fact that the worker has not been paid as of the retirement of each worker);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, taking into account the total amount of unpaid wages, the total amount of retirement allowances, the number of employees who did not receive wages, the period during which wages are in arrears, the Defendant’s age, sexual conduct, and circumstances after the crime, etc., the court sentenced the Defendant to a suspended sentence of imprisonment as ordered by the court, and ordered the Defendant to provide community service for a certain period of time.

It is so decided as per Disposition for the above reasons.