A defendant shall be punished by imprisonment with prison labor for up to six 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.

Criminal facts

The Defendant, as the representative director of the Geumcheon-gu Seoul Metropolitan Government building 1901, is a user who uses 20 full-time workers and operates software development business, etc., and from May 28, 2013 to May 1, 2015, the Defendant was working in the said workplace and did not pay KRW 3,087,903 of wages, retirement allowances, 7,790,646 of the retired worker D within 14 days from the date of retirement without an agreement on the extension of payment period, and as stated in the attached list of crimes, the Defendant did not pay KRW 97,914,297, including the total amount of wages and retirement allowances of 10 workers of the said workplace, within 14 days from the date of each retirement without agreement on the extension of payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A detailed statement of insured status and a verification of acquisition or loss of health insurance for each workplace of employment insurance;

1. Application of statutes on transactions of each benefit account;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense (not being paid as wages)

(a) Article 44-1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each worker (to select imprisonment with labor), Article 44-1 of the Act on the Guarantee of Retirement Benefits for Workers

O. Imprisonment selection)

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. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (such as the scale of the retirement pay in arrears, the background leading up to the delay of payment, and the fact of finding mistakes therein).