The defendant is an employer who operates a manufacturing business (software advisory, etc.) using four full-time workers as a representative director of Bupyeong-gu Incheon Metropolitan City B building or D Co., Ltd. located in subparagraph c.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant provided labor to the said workplace from April 6, 2012 to July 31, 2019, and did not pay 15,312,560 won, including the total amount of wages of 4,170,870 won for May 2018 of retired workers E, within 14 days from each retirement date, without any agreement on extension of the payment date between the parties.

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

Nevertheless, the Defendant provided labor at the aforementioned workplace from April 6, 2012 to July 31, 2019, and paid 4,732,865 won in total, including 2,179,750 won of retirement allowances of retired workers E, as indicated in the crime list, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to a written confirmation of details of overdue wages, calculation of retirement allowances (E, F, G);

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits, concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the amount of unpaid wages and retirement allowances for the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the accused.