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 the representative of Mapo-gu, Ansan-si, who is an employer who runs the business of manufacturing electronic parts by employing nine full-time workers.

The Defendant did not pay KRW 3,33,33 and retirement allowances of KRW 4,124,454 on October 2012, which he/she worked at the said workplace from March 18, 2009 to October 31, 2012, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties to postpone the date of payment.

In addition, the Defendant did not pay the total of KRW 16,184,00 and the total of KRW 25,207,088, as stated in the attached list of crimes, within 14 days from the date of occurrence of the cause for payment without an agreement between the parties on the deferment of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Each written statement of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the points of payment of retirement allowances and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;