A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a user who operates an indoor building business using three full-time workers and three full-time workers in the fourth floor of Seocho-gu Seoul Metropolitan Government.

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

Nevertheless, the Defendant did not pay KRW 50,69,775, respectively, within 14 days from the date of retirement, as well as KRW 2,692,310, in September 2013 of D, retired workers who worked from the said workplace from around August 9, 2013 to February 1, 2014, as well as KRW 6,10,00 in the table of crimes in the attached Table 6,10,12.

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

Nevertheless, the Defendant did not pay KRW 5,875,443 of retirement allowances of retired workers E from the said workplace from August 9, 2013 to April 17, 2015, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. A written petition;

1. Application of Acts and subordinate statutes on the details of arrears and calculation of retirement allowances;

1. Relevant provisions of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment (a breach of duty to liquidate money or goods, a choice of imprisonment), Articles 44(1) and 9 of the Guarantee of Retirement Benefits for Workers (a matter not paid for retirement, and a choice 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. The defendant's reasons for sentencing under Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) are not specified in the total amount of unpaid wages and retirement allowances, on the other hand, the defendant.