A defendant shall be punished by imprisonment for six months or more.

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

Punishment of the crime

The defendant, as the representative director of the E Medical Foundation (F hospital), is a user who runs the above hospital, employing 70 full-time workers as a representative director of the medical corporation located in Mayang-si.

From April 27, 2015 to December 16, 2016 at the same place of business, the Defendant did not pay KRW 5,516,810, and KRW 3,962,557 of the G wages of retired workers from the said place of business, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned, as well as KRW 5,516,810,718, and KRW 37,982,734 of the total wages of seven workers, as shown in the attached crime sight table 1 through 10, 11 through 13, and 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against H, I, J, K, L, G, M, and N;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1), Article 36 of the Labor Standards Act for Criminal Facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of not paying retirement benefits) of the relevant Act;

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. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. The summary of the facts charged is that the Defendant, as the representative director of the medical corporation E (F hospital) located in Gwangjin-si, is an employer who ordinarily employs 70 workers and operates the hospital.

Defendant 1 worked from July 1, 2015 to November 30, 2016 at the same place of business and did not pay C wages of retired workers C within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

2. Determination:

(a) Crimes of non-criminal punishment: Article 109 (2) of the Labor Standards Act, the proviso to Article 44 of the Guarantee of Workers' Retirement Benefits Act;

b. C contains the intent that the Defendant is not subject to punishment.