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 the representative of D Driving Schools in Dayang-gu building C and F Driving Schools in Yyang-gu E and 6 Goyang-gu, Yangyang-gu, Yangyang-si, who is a business operator operating a private teaching institute with ten full-time workers.

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

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

Nevertheless, the Defendant did not pay KRW 1.2 million to workers G from October 28, 2008 to June 30, 2018 at the above workplace, and did not pay KRW 5,433,30,000 for the total amount of wages of KRW 5,43,30 as indicated in the attached crime list, as stated in the attached crime list, within 14 days from the date of retirement, without agreement between the parties on the extension of the payment date.

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 18,728,230 of G retirement pay from October 28, 2008 to June 30, 2018 at the above workplace, and did not pay KRW 40,949,096 in total, five employees, as indicated in the attached crime list, within 14 days from the date of retirement, without any agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H, I, and J;

1. Application of the relevant Acts and subordinate statutes to each written appeal and written calculation of overdue money and valuables;

1. Article 109(1) and Article 36 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning criminal facts;

1. The Commercial Concurrent Crimes Act.