A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is practically operating a “stock company C” with the purpose of manufacturing C, etc. by employing ten full-time workers in the Chungcheong-gun B.

1.(a)

The Defendant in violation of the Labor Standards Act did not pay 3,650,000 won in total, including D’s wage of 3,050,000 won in March 2012, which was worked as production worker from January 31, 2008 to April 7, 2012, and wage of 600,000 won in April 2012, within 14 days from the date of retirement without any agreement between the parties on extension of the payment date between the parties.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW D retirement allowance of KRW 9,905,570 from January 31, 2008 to April 7, 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates.

2.(a)

The Defendant in violation of the Labor Standards Act did not pay 5,690,000 won in total, including the amount of 4,200,000 won in December 2, 2011 of the victim E, who worked from the above “Stock Company C” to May 10, 201, and 5,690,000 won in arrears, including the amount of 4,20,000 won in March 201, and the amount of 990,000 won in April 20, 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

B. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 12,484,447, total sum of KRW 18,174,447, and KRW 147,00 from April 13, 2007 to May 10, 2012, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes on detailed statements of benefits, details of passbook transactions, and details of transactions by account;

1. Relevant Articles of the Labor Standards Act and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense (the fact of violating the obligation to pay wages, and the choice of imprisonment) and the guarantee of respective retirement benefits.