A defendant shall be punished by imprisonment for not less than eight months.

Criminal facts

The Defendant, as the representative of the Daejeon B 11st floor, is an employer who ordinarily employs five full-time workers and operates food-raising business.

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, the Defendant is working from September 5, 2017 to May 1, 2018.

The retirement D's wages of KRW 548,00 in April 2018 did not pay KRW 15,969,385 in total, including KRW 12,504,324 and E's retirement allowances of KRW 3,465,061, as shown in the list of crimes in the attached list of crimes, and did not pay KRW 15,969,385 in total within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement (responding person) of D, F, E, G, H, I, J, K, and L to 10 copies of the working hours confirmation book, and statutes governing working hours confirmation;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Selection of each sentence of imprisonment with prison labor, which is provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment which is provided for in Articles 40 and 50 of the Labor Standards Act and a punishment which is provided for in the Act on

1. Of concurrent crimes, there are circumstances favorable to the defendant that the defendant erred in sentencing on Article 37 (former part), Articles 38 (1) 2 and 50 (Aggravation of concurrent crimes with punishment stipulated in the violation of the Labor Standards Act with respect to the heavier E) of the Criminal Act.

However, there are nine workers who did not pay wages and retirement allowances, and the amount exceeds 15 million won, and the defendant is two years after the worker retires.