A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of D in the (ju)C and Indonesia in the first floor of the Seoul Guro-gu Seoul Metropolitan Government, who is a user who runs the manufacturing business of clothing processing (original group) using 20 regular 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.

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

Nevertheless, from August 4, 2011 to June 10, 2019, the Defendant has been dispatched to D in Indonesia as an employee belonging to the said State (C)C and has worked.

The retirement E’s total wage of KRW 10,524,50,504 and retirement allowance of KRW 11,307,859, including the total wage of KRW 2,155,344 in March 2019 and KRW 83,782,541 in total, including KRW 41,718,920 and retirement allowance of KRW 42,63,621 in the attached list of crimes, were not paid within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police to F, G, and H;

1. Each petition of F, G, H, and E;

1. Application of Acts and subordinate statutes to an employment contract for each annual salary, a detailed statement of salary, a withholding receipt for each earned income, a detailed statement of wages in arrears, each average wage and retirement allowance calculation

1. Articles 109 (1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where taxes are not paid as retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant and his defense counsel made efforts to normalize the company before C is declared bankrupt.