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 becomes final and conclusive.

Punishment of the crime

The defendant, as the representative of the Co., Ltd. in Gwangju Mine-gu, is an employer who runs a manufacturing business using 30 full-time workers.

1. When an employer in violation of the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the due date is extended by an agreement between the parties concerned on the special grounds;

Defendant did not pay KRW 3,60,020 in total of wages of 3,00,020 of workers D who retired from the above workplace around December 1, 2016 at the above workplace, and did not pay KRW 19,05,542 in total for 4 employees within 14 days from the date of retirement, which is the date of occurrence of the cause of payment, without an agreement extending the payment period between the parties, as shown in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within 14 days after the cause for payment occurred, unless the date is extended by an agreement between the parties concerned on the special grounds; and

Defendant did not pay KRW 3,244,958 of retirement allowances of employees D who retired at the above workplace on December 1, 2016 at the above workplace, and did not pay KRW 24,746,798 in total for four employees, as stated in the list of crimes in the attached Table, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment, without an agreement extending the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each written statement referred to in D, E, F, and G, the ledger of benefits paid in a written petition, 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 (Selection of Imprisonment);

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

1. The former part of Article 37 of the Criminal Code, and Article 38.