A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant employs five full-time workers as D's representative in Bupyeong-si C and operates the manufacturing business of electrical parts.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the defendant worked in the above D from March 15, 2017 to December 12, 2017 and retired victim E wages of 2,122,160 won, and from November 30, 1996 to July 31, 2017, the defendant did not pay 5,028,240 won in total for two victims, including the victim F's wages of 2,906,080 won, and did not pay 5,028,240 won within 14 days from the date of retirement without an agreement on the extension of the payment date 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; and

Nevertheless, the Defendant, as described in paragraph 1, worked and retired from office from November 30, 1996 to July 31, 2017, and did not pay KRW 28,582,965 of the F retirement pay of the victim F, who retired from office, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109 (1) and Article 36 of the Act on the Standards of Employment for the Determination of Preliminary Punishment, Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits (which means the payment of unpaid wages), Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and the choice of imprisonment for each type of crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The act of not paying wages and retirement allowances has a significant influence on workers’ livelihood, and thus, it is necessary to strictly punish such act.

In this case.