A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative of Mapo-gu Seoul Metropolitan Government (State) C, who employs 20 full-time workers and operates publishing business.

On October 15, 2015, the Defendant did not pay 7 workers’ wages, 83,036,113 won in total, as stated in the attached Form, as well as 7,923,445 won and retirement allowance 18,506,929 won in annual paid leave allowances to retired workers E, working from around December 2, 2010, and without agreement on the extension of the payment date between the parties concerned, within 14 days from each retirement date without any agreement on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and each written statement;

1. Application of the statutes governing the calculation of retirement allowances;

1. Article 109(1), Article 36 of the Labor Standards Act (a violation of the duty to liquidate gold) concerning facts constituting an offense, and Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for each worker (a violation of the duty to liquidate gold);

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

1. Selection of each sentence 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. On the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution, the total amount of the money and valuables in arrears in the instant case (83,036,113 won), the amount of the money and valuables in arrears in the instant case cannot be seen as the delayed payment of wages in bad faith, the number of damaged workers and the period of delayed payment, the circumstances surrounding the delay, the size and details of the Defendant’s business, the fact that the Defendant had no criminal history prior to the instant