A defendant shall be punished by imprisonment with prison labor for four 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 an employer who employs 10 full-time workers in Kimhae-si B and runs a recycling and collection business with the trade name of C.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working from January 1, 2019 to January 2, 2020 at the above workplace.

The retirement pay of KRW 1,90,511 of the retired D was not paid within 14 days from the date of the D’s retirement without any agreement on the extension of the due date between the parties, and the total amount of KRW 53,337,293 of the wages and retirement allowances of 7 workers, as shown in the attached list of crimes, was not paid within 14 days from the date of each worker’s retirement without any agreement on the extension of the due date.

Summary of Evidence

1. Statement of the police statement concerning D's legal statement of the defendant;

1. Each statement of E, D, F, G, H, I, and J shall calculate the average wages and retirement allowances, each statement of transactions, each statement of transactions, each statement of employment, and the application of Acts and subordinate statutes of the head of Tong;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for the choice of punishment provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;