A defendant shall be punished by imprisonment 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.

Criminal facts

[criminal records] On September 13, 2018, the Defendant was sentenced to two years of suspension of execution on September 21, 2018 by imprisonment with prison labor for violating the Labor Standards Act at the Seoul Western District Court, and the judgment became final and conclusive on September 21, 2018.

[Criminal facts] The Defendant is a C representative director of Yongsan-gu Seoul Metropolitan Government, who is a corporation with 1613 building B in Yongsan-gu, and runs an engineering service business using seven 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;

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

The Defendant did not pay the total amount of KRW 3,30,00 in February 2016, 2016, the wage of KRW 3,300,00 in March 2016, the wage of KRW 3,280,00 in April 3, 2016, the wage of KRW 1,480,00, 200 in May 3, 2016, the amount of KRW 4,20,20,00 in June 3, 200, the amount of KRW 2,05,00 in June 3, 208, the amount of KRW 2,050,00 in July 2, 2016, the amount of KRW 3,00 in April 7, 2016, the amount of KRW 3,05,00 in April 3, 207, 208, the amount of KRW 3,000 in August 3, 2016, the amount of KRW 16010.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within 14 days from the date of retirement, if the worker retires;

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

From October 19, 2015 to December 20, 2017, the Defendant did not agree on the extension of the payment period between the parties.