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 becomes final and conclusive.

Punishment of the crime

The defendant is a medical corporation D representative located in Gangwon-gu, Yangyang-gun C, and is an employer who conducts medical services in the name of E hospital using 30 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant, from October 21, 2013 to March 31, 2015, did not pay KRW 3,941,670 of F’s retirement pay from around October 21, 2013 to around March 31, 2015, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline, and in the same manner, did not pay KRW 43,098,921 in total for four employees’ wages and retirement pay.

Summary of Evidence

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

1. Each police statement made to G, H and I;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to written complaint and petition;

1. Relevant Article 109 (1) and the main sentence of Article 36 of the Act on the Standards for Selective Labor for Criminal Facts, Article 44 (1) 1 of the Act on the Guarantee of Workers' Retirement Benefits, the main sentence of Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, and the choice of imprisonment with prison labor;

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. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the circumstances favorable to the reasons for sentencing as set forth below)

1. The summary of the argument: (a) although the Defendant was registered as a director of the instant medical foundation, the Defendant was merely registered as a representative for the legal purpose of the so-called so-called “office hospital,” and the Defendant cannot be deemed as an employer under the Labor Standards Act; and (b) the Defendant made his best efforts to pay wages to the employees, but was inevitable.