The defendant shall be exempted from punishment.

Of the facts charged in this case, workers B, C, D, E, F, G, H, I, J, K, L, and M.

Punishment of the crime

On December 18, 2015, the Defendant was sentenced to a suspended sentence of one year for six months by committing a violation of the Act on the Guarantee of Workers' Retirement Benefits in the Gunsan Branch of the Jeonju District Court on December 18, 2015, and the said judgment was finalized on December 29, 2015.

The Defendant, as the representative director of the PP located in N in the North Gun, is an employer who engages in the manufacturing business (building of steel) by employing 70 full-time workers as a full-time worker.

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, and the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 3,788,810, total sum of the annual settlement refunds for five retired workers, as described in the table of crime Nos. 3, 4, 11, 14, and 15, within 14 days from the date of retirement, as well as KRW 783,40, which was retired from Q’s retirement as working from May 18, 2009 to April 30, 2015, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against B;

1. A written petition;

1. Application of Acts and subordinate statutes on reporting internal investigation;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and the choice of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Dismissal of public prosecutions under Article 39 and the latter part of paragraph (1) of the Exemption Criminal Act (excluding exemption from punishment in consideration of the fact that victims received the refund money at the end of each year from the National Tax Service, etc. and the balance between cases where judgment has become final and conclusive for a concurrent crime by a group after Article 37 of the Criminal Act);

1. The summary of the facts charged is a full-time employee, who is the representative director of (ju)P located within the NO located in the North Gun, Kun, Kun, and Kun.