A defendant shall be punished by imprisonment for 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.

Punishment of the crime

The Defendant, as the representative of Seoul Special Metropolitan City, Nowon-gu D Co., Ltd. 4, is a full-time employer who operates a private teaching institute business using 15 full-time workers under the trade name of “E”.

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 did not pay retirement allowances from 10,287,820 won (=13,500,000,000 won) and retirement allowances of 10,287,820 won prior to his/her retirement x 3 months x 13,500,000 won for three months prior to his/her retirement x 92 days for the calculation method of average wages for three months ± 92 days prior to his/her retirement x 853 days for 853 days (from 1, 2011 to 31 October 31, 2013). Thus, the Defendant did not pay retirement allowances from 10,287,820 won (i.e., 13,50,000 won x 92 days) x 305/365 days for x 30 days.

Accordingly, the Defendant did not pay wages within the same period at the same time when he/she retired.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F;

1. Entry of the accused in part of the protocol concerning the examination of the suspect in the first prosecutor's office;

1. The second written protocol concerning the examination of the accused to the prosecution;

1. Some of the statements made by the prosecution against F by the public prosecutor;

1. Application of Acts and subordinate statutes of the Customer Director (No. 14)

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 Workers' Retirement Benefits Act (which currently remains unpaid at the time of retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under the law: Imprisonment from one month to two years.