A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

The Defendant is a user who is a real manager of “(State)C” in Namyang-si, Namyang-si, and engages in software development business using six full-time workers.

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.

Nevertheless, the Defendant did not pay the total amount of D wages of KRW 46,019,180 and retirement allowances of KRW 3,458,843 from April 8, 2013 to April 17, 2014 within 14 days from the date of retirement without an agreement between the parties on extension of payment deadline.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the benefit ledger;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;