A defendant shall be punished by imprisonment for six 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 actual representative of the C Co., Ltd. in Kimhae-si, who is engaged in the manufacturing industry by employing four full-time workers.

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

Nevertheless, the Defendant had worked in the said workplace from November 5, 2014, and had retired on October 31, 2016, and had not paid KRW 20,524,000 in total, including wages of KRW 3,528,00 on May 31, 2016, and wages of KRW 3,528,00 on June 6, 2016, wages of KRW 3,528,528,00 on July 7, 2016, and wages of KRW 3,528,00 on August 3, 2016, and wages of KRW 3,528,00 on September 5, 2016, to KRW 20,524,000 on October 3, 2016, 20,524,000 on the date of payment between the parties, without any agreement on the extension of the payment period between the parties.

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

Nevertheless, the Defendant did not pay KRW 7,793,925 of the aforementioned D retirement pay, which was retired on October 31, 2016, within 14 days from the date of his/her retirement, which was the date of his/her payment, without an agreement between the parties on the extension of the date of payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. C (State) Application of Acts and subordinate statutes, such as the unpaid benefits, etc. in 2016;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for 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 provides that the total amount of wages, etc., which have not been paid as a reason for sentencing, exceeds KRW 28 million.

However, the defendant recognized the crime of this case and opposed to it, and paid unpaid wages, etc.