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

Punishment of the crime

The defendant is the representative of the LAC in Daegu Dong-gu, and is an employer who operates the precision machinery manufacturing business using 25 full-time workers.

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

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

Nevertheless, the Defendant did not pay 6,254,343 won, including 1,09,00 won in January 2, 2018, 2018 and 66,254,343 won in total, as stated in the attached crime list, within 14 days from the date of his/her retirement, as well as 1,097,870 won in January 2, 2018, when he/she worked in the above workplace from around December 2, 2013 to June 30, 2019.

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 the cause for such payment occurred; and

Provided, That in special circumstances, the payment date may be extended according to the agreement between the parties.

Nevertheless, the Defendant did not pay KRW 11,107,101 as well as KRW 77,634,412 in total for six employees, as shown in the attached crime list, as well as KRW 11,107,101, which were retired workers D’ retirement allowances from the said workplace from December 2, 2013 to June 30, 2019, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the statement by each police officer against the appellant, the statement by the appellant, the details of the delayed payment of wages, the retirement allowance calculation by worker, the accusation, and the police statement by the complainant D; and

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits.