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 the representative of the Gangseo-gu Busan Metropolitan Government “C” company located in Gangseo-gu, and is an employer who engages in the manufacturing of electric parts by employing nine full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, from November 16, 2004 to July 10, 2014, the Defendant did not pay the total of KRW 12,748,600 and retirement allowances of KRW 21,080,278,278, and KRW 36,88,398 from the date of retirement within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint and a petition;

1. Calculation of D unpaid benefits and retirement allowances, calculation of each retirement allowance, and application of the statutes on the table of D overdue wages;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid at once of retirement);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (Suspension of execution in consideration of the fact that it reflects the depth of the crime, the circumstances leading to the crime of this case, the amount of unpaid wages and retirement allowances, etc.);