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 corporation E located in Geumcheon-gu Seoul Metropolitan Government, who runs an information and communications business using 15 regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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 is working in the workplace from June 1, 2012 to July 11, 2018.

In addition to the fact that the retired F's wage of KRW 710,010 for July 2018 was not paid, the total amount of two workers' wages was not paid within 14 days from the date of retirement without agreement between the parties on the extension of payment deadline, as shown in the list of offenses (No. 2 F, No. 4 G).

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 the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.

Nevertheless, the Defendant is working in the workplace from June 1, 2012 to July 11, 2018.

In addition to the failure of the retired F to pay KRW 19,957,988 of the retirement allowance of the retired F, the total amount of KRW 33,257,781 of the retirement allowance of two workers was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline, as shown in the list of offenses (No. 2 F, No. 4 G).

Summary of Evidence

1. Defendant's legal statement;

1. Each written evidence, written statement and documentary evidence of the F and G;

1. Application of a written confirmation of overdue wages (F, G)-related Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1.Article 40, Section 40, of the Criminal Code of Trade and Trade.