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 employs nine full-time workers as the representative director of Seongbuk-gu, Sungnam-si and operates software development business, etc. as the representative director of Sungnam-si.

After having worked in the above company from October 25, 2004 to July 18, 2015 at the above company, the Defendant did not pay KRW 34,744,618 of the retired worker D wages, KRW 2,816,640 of the annual settlement refund, KRW 28,008,320 of the retirement allowance, and KRW 28,008,320 of the retirement allowance within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The police statement protocol with respect to E, F and G;

1. Application of Acts and subordinate statutes to a written confirmation on details of unpaid money or goods, average wages and retirement allowances;

1. Article 109(1), Article 36 of the Labor Standards Act (the fact that wages and refunds are not paid at the end of each year), Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that wages are not paid at the end of each year) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who violates the heavier Labor Standards Act);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant made an endeavor to recover damage during the instant trial process and paid all wages, etc. to other workers except the instant workers, and the public prosecution was revoked due to the full repayment of the damages, etc., considering the favorable circumstances, the amount of unpaid wages and retirement allowances still remains considerably unfavorable.