A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Punishment of the crime

The defendant is a user who has operated software development business using approximately 10 full-time workers as a representative director of the 6th floor of Mapo-gu Seoul Metropolitan Government C building D (main office).

1. The Defendant in violation of the Labor Standards Act did not pay KRW 14,868,280 in total amount of wages and annual settlement refunds for E retired from the said workplace from March 16, 201 to August 31, 2016, and did not pay KRW 65,771,406 in total for wages and annual settlement refunds for five workers as shown in attached Table 4,66,28,280, as in the annual list of crimes committed during the period 4,6, and 9, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of payment dates.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) did not pay KRW 11,821,236 of retirement allowances to E retired from the said workplace from March 16, 201 to August 31, 2016; and (b) did not pay KRW 47,929,907, total amount of retirement allowances to five workers, as shown in attached Table Nos. 4, 6, and 929,907, respectively, within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective texts and written statements of F, G, H, E, and I to Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts; Article 44 Subparag. 1 and Article 9 of the Act on Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

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

1. Selection of each sentence of imprisonment;

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. The part dismissing the public prosecution under Article 62 (1) of the Criminal Act

1. Violation of the Labor Standards Act for 1 to 3, 5, and 10 re-work standards and the Workers' Retirement Benefit Guarantee Act, which is attached to the summary of the facts charged;

2. Determination and conclusion

(a) Applicable legal provisions: Articles 109(1) and 36 of each Labor Standards Act; Article 44 Subparag. 1 and 9 of each Workers’ Retirement Benefit Security Act;