A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is a manager of “C Co., Ltd.” located in Audio Group B.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or 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, from February 11, 2016 to August 13, 2016, did not pay the total of KRW 6,456,000 for D’s wages, which were worked for steel framed in the said company, within 14 days from the date of retirement, and did not pay the total of KRW 79,296,50 for 19 workers’ wages, as indicated in the list of crimes in the separate sheet of crimes, within 14 days from the date of retirement without an agreement between the parties to extend the payment period.

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

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

Nevertheless, the Defendant, from August 7, 2015 to August 13, 2016, did not pay KRW 3,239,034 of the retirement pay of E retired from the said company within 14 days from the date of retirement as well as KRW 13,712,703 of the total four employees’ retirement pay, as described in the list of crimes in the attached Table, without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition and each trade name confirmation;

1. Details of unpaid benefits to each worker;

1. Application of business registration certificate, certified copy of corporate registry;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Commercial concurrence;