A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative director of the Dispute Resolution D in Gwangju North-gu, who runs the information provision service business using two full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 35,35,712 in total wages of E, and F, as indicated in the separate crime list, including KRW 225,654 in November 2016, from around July 21, 2008 to October 31, 2017, to workers E who retired from the said workplace and worked in the said workplace from May 201, 2016, to October 31, 2017, within 14 days from the date of retirement without agreement on the extension of the payment period between the respective parties.

2. The Defendant, in violation of the Act on the Guarantee of Workers’ Retirement Benefits, did not pay KRW 17,313,307, including KRW 12,196,594 as well as KRW 12,196,594, as stated in the list of crimes in the separate sheet of crimes, within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes, such as each average wage and each statement of adjusting the amount of retirement allowances, and details of payment of wages;

1. Article 109 (1) of the Labor Standards Act (hereafter referred to as "amount of unpaid wages") for facts constituting an offense, Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (hereafter referred to as "amount of unpaid retirement benefits");

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. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that a mistake is pened, the reason why no wage has been paid, and the fact that a previous conviction of the same kind of fine has been committed against workers at the same workplace at a similar time but has failed to pay wages and retirement allowances, etc.);