A defendant shall be punished by imprisonment for one year.

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 is a user who operates a musical and theatrical rental business as the representative director of the Seoul Jongno-gu Seoul Metropolitan Government E (State).

1. From November 1, 2012 to March 1, 2015, the Defendant violated the Labor Standards Act and the Labor Standards Act and the Act on Guarantee of Retirement Benefits for Workers (hereinafter “Labor Standards Act”) did not pay KRW 26,677,886 of G wages and retirement pay KRW 4,507,290 from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment period between the parties, as well as the payment of KRW 157,425,061 in total and KRW 24,701,91 in total and KRW 24,701 from the date of retirement within 14 days from the date of retirement without an agreement on the extension of payment period between the parties.

2. An employer violating the Labor Standards Act shall give the worker an advance notice at least 30 days prior to the dismissal, and if the employer does not give an advance notice at least 30 days prior to the dismissal, he/she shall pay the worker H and I for at least 30 days, but on January 26, 2015, the Defendant did not pay 1,421,820 won, and 753,180 won, with the advance notice payment, to H as the worker H and I employed at the above workplace on January 26, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective laws and regulations of J, K, L, M, N, G,O, P, H, and I (including copies thereof);

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant criminal facts; Article 44 Subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (out of Payment of Wages); Article 110 Subparag. 1 and 26 of the Labor Standards Act (out of payment of the retirement allowance); Article 116 of the Labor Standards Act (out of payment of the retirement allowance);

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

1. Selection of imprisonment with prison labor chosen;

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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., and the wages or retirement allowances are in arrears or the pre-determination allowances for dismissal are not paid.