A defendant shall be punished by imprisonment for four 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 is the representative of Yongsan-gu Seoul Metropolitan Government 4th floor (State) and has operated a communications business with ten full-time workers.

1. The Defendant in violation of the Labor Standards Act did not pay the wages of KRW 12,700,000 to D retired from the said workplace from August 27, 2007 to April 8, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers: (a) from August 27, 2007 to April 8, 2016, the Defendant, while serving in the said workplace and retired from the said workplace, did not pay KRW 37,301,64, and KRW 26,617,150, totaling KRW 63,918,794, respectively, within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties to the said workplace from July 25, 2006 to March 31, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each petition of D and E;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning labor contracts, health insurance qualification certificates, certificate of employment, business registration certificate, certified copy of register, agreement, and electronic data for approval;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid for retirement);

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 (see, e.g., confessions, records of crimes, and facts that victims seem to have received approximately KRW 30 million in total in the auction proceedings);