A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is a user who runs the Internet advertisement production business, etc. using ten regular employees in the name of (10) N, (2) AT, (4) AU on the second floor of the Z building in Seoul Special Metropolitan City.

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

Nevertheless, the Defendant is working from February 14, 2013 to February 19, 2014 at the above workplace.

The amount of 9,196,428 and 2,523,339 of the retired W's wages was not paid within 14 days from the date of retirement or the date of the occurrence of the cause for payment, and as shown in the attached list of crimes, the total amount of 15 workers' wages was not paid within 14 days from the date of retirement or the date of occurrence of the cause for payment, and the amount of 2,523,339 of the retirement allowances of 15 workers was not paid.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused (number 3, 8, 25)

1. The police statement of W and AV;

1. W, AV, etc. 12, W, X, AY, AZ, BA, BB, BC, and BD;

1. Each written statement prepared by the defendant and C;

1. Application of Acts and subordinate statutes to an investigation report (report accompanying a certified copy of corporate register);

1. 범죄사실에 대한 해당법조 각 근로기준법 제109조 제1항, 36조 공소장에 적용법조로 같은 법 43조가 기재되어 있으나, 공소사실 4∽6줄 기재에 비추어 볼때 36조의 명백한 오기로 보인다.

Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the violation of the obligation to pay retirement allowances).

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Labor Standards Act against Workers AV and W, between a violation of the Act on the Guarantee of Workers' Retirement Benefits, and between a violation of the Act on the Guarantee of Workers' Retirement Benefits, and the punishment imposed on a violation of the Act heavier than

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;