A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 16, 2018, the Defendant was sentenced to two years of suspension of execution on August 24, 2018, with imprisonment for a crime of evading compulsory execution under the Seo-gu District Court Branch of the Daegu District Court (2017 High Court Decision 2293).

The Defendant is the representative of the “C” located in the Daegu Seo-gu month B, and is an employer who has operated a printing and advertising agency using two full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 had worked in the said workplace from December 8, 2012 to August 31, 2016, and had retired workers D’ wages of 340,400 won on October 2015, and had not paid 34,340,400 won in total, including two workers’ wages, within 14 days from the date of retirement, as shown in the attached Table “crime List.”

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant, from December 8, 2012 to August 31, 2016, did not pay 11,787,630 won in total, including 7,558,870 won of retirement allowance D of retired workers and 7,58,870 won, as stated in the attached Table “crime List,” to two employees, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A detailed inquiry into the workplace of employment insurance, a list of persons acquiring each workplace, and a statement of calculation of each retirement allowance;

1. Previous offense: A copy of the judgment; and