A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a user who runs software development business using five full-time workers as the D representative director of the corporation located in Sungnam-si H in Sungnam-si.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay KRW 3,33,300,00 to the said workplace within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, which had served from December 10, 2015 to June 30, 2017.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

Nevertheless, the Defendant did not pay KRW 5,139,239 of the I retirement pay at the above workplace from December 10, 2015 to June 30, 2017, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the I’s statement protocol;

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 Act on the Guarantee of Workers' Retirement Benefits (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;

1. The fact that the sum of the unpaid wages and retirement allowances on the grounds of sentencing under Article 62(1) of the Criminal Act (the following favorable circumstances) is about KRW 40 million is disadvantageous to the Defendant.

However, considering the fact that the defendant is the first offender, the fact that the defendant is showing the attitude of confession and reflecting each of the crimes in this case, and the circumstances of Article 51 of the Criminal Act, the relationship with related cases, the scope of the recommended punishment in the sentencing guidelines, etc., the punishment shall be determined as