A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The defendant is the employer who has been engaged in the manufacturing industry using three full-time workers in the name of C and D in Si interest-si B.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 1,182,845 won in total, including E’s wage of 4,00,000 won and retirement allowance of 7,182,845 won, which worked from March 2, 2013 to October 31, 2016 at the above workplace, within 14 days from the date of retirement without agreement between the parties on the extension of the date of retirement, as shown in the attached list of crimes in the attached list of crimes, including that the Defendant did not pay 81,815,790 won in total for three workers within 14 days from the date of retirement without agreement between the parties on the extension of the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. F statement of the prosecutor's protocol of interrogation of the defendant

1. The statement of each special judicial police officer in relation to E and G;

1. A detailed statement of calculation of each retirement allowance;

1. Application of Acts and subordinate statutes to wage ledgers (2016, 2015, 2014);

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning facts constituting an offense, Articles 109 (1) and 36 of the relevant Act concerning the choice of punishment, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing criteria [Scope of Recommendation] Violation of the Labor Standards Act in cases where there are grounds for special consideration for the reasons for the failure to pay the mitigated area (-8 months) (special sentencing persons) of Type 2 (not less than 50 million won, not more than 100 million won, and less than 100 million won) (special mitigation factors).

2. The defendant shall pay wages and retirement allowances to the employees of the company that he/she operated.