A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who has operated the “C” in Incheon, and is an employer who has run a gold-type mold manufacturing business using four full-time workers.

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;

Nevertheless, the Defendant provided his labor from April 22, 2016 to July 10, 2016 at the said workplace and did not pay the unpaid wages of KRW 4,00,000 for retired workers D ( KRW 920,000,000 for each of the wages of KRW 2,10,000 for June 2, 2016, and KRW 980,000 for each of the wages of KRW 980,00 for July 23, 2016) and the unpaid wages of KRW 12,395,00 for retired workers from around October 23, 2017 to around March 18, 2017, KRW 10,395,00 for each of the parties’ unpaid wages of KRW 2,479,00 for October 2, 2016, KRW 10,000 for retirement workers within 30,74,200 for each of the parties’ wages.

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 provided labor from October 23, 2012 to March 18, 2017 at the said workplace and did not pay KRW 10,802,028 of the retirement allowances of retired workers E within 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

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 Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.