A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

The Defendant is an operator of the “D” on the first floor of the Dongjak-gu Seoul Metropolitan Government building C, who employs six full-time workers and engages in the Internet advertising business.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and other money or valuables within 14 days after the cause for such payment occurred.

1. The Defendant committed the crime against workers E, F, G, H, and I, from November 27, 2015 to March 24, 2017, did not pay KRW 902,278,278,2,662 in the annual leave leave allowance for the year 2016, which he worked in the above D, within 14 days from the date of his retirement, and did not pay KRW 25,458,713 in total, including five workers’ wages, retirement allowances, etc., as described in attached Table No. 1, within 14 days from the date of his retirement, without any agreement on the extension of the payment period.

2. The Defendant committed the crime against J, K, L, and M, from March 1, 2016 to May 10, 2017, did not pay the total of KRW 11,005,923, retirement allowance of KRW 6,019,855, including the fact that he/she did not pay KRW 51,351,478, including four workers’ wages and retirement allowance, within 14 days from the date of retirement, as described in the List of Crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Each police statement on G, J, K, and L (including the part concerning the defendant's statement);

1. Application of each statute of F, E, H, I, J, K, L, and M;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62(1) of the Criminal Act 1.