A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Criminal facts

The Defendant is a user who operates software development business as a representative director of R in the five floors of the Seocho Q Building in Seocho-gu Seoul Metropolitan Government.

[2014 Highest 1717]

1. On May 16, 2013, the Defendant did not pay KRW 3,216,667 corresponding to the ordinary wages for at least 30 days, even if he/she immediately dismissed his/her employee B without giving prior notice of 30 days before the dismissal of the Defendant.

2. The Defendant unpaid wages and retirement allowances did not pay 3,279,505 won and retirement allowances and 3,367,728 won within 14 days from the date when the cause for the payment occurred, without any agreement between the parties to the payment and the extension of the due date, while serving in the said company from March 12, 2012 to October 17, 2013.

[2014 Highest 6591] The Defendant worked for the pertinent company as of May 3, 2010, and did not pay the wages or retirement allowances of 14 workers within 14 days from the date of retirement as of August 14, 2013, without agreement on extension of the due date for payment between the parties concerned, as stated in attached Table (2) Nos. 1, 4 through 8, 10 through 17, as well as the retirement allowances of 1,071, 770 won and retirement allowances of 7,523,770 won.

Summary of Evidence

1. Statement made by each accused in the first and fourth trial records;

1. Each police statement of B, U, S, V, and W;

1. Each petition of X,Y, Z, AA, AB, AC, AD, T, AF, AG, and H;

1. Business registration certificate, certified transcript of corporate register, calculation statement of retirement allowance and payment statement, and notice of dismissal;

1. Application of Acts and subordinate statutes to a contract for employment of annual salary, a contract for calculation of average wages and retirement allowances, each contract for employment of annual salary and a statement of salary (excluding J, K, and P);

1. Subparagraph 1 of Article 110 of the Labor Standards Act and Article 26 of the same Act concerning criminal facts, Articles 109 (1) and 36 of the same Act, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (in cases of failure to pay retirement allowances);

1.Article 40 of the Criminal Code of Trade and Trade.