A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a user who runs a manufacturing business, such as clothes, by employing 20 full-time workers as a representative of C in Yangcheon-gu Seoul Metropolitan Government B underground floors.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the parties have agreed on the extension of the due date for payment;

Nevertheless, the Defendant did not pay KRW 33,60,319 in total amount of wages to 13 workers, as well as KRW 6,750,000, retired from the said workplace from February 1, 2015 to May 29, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Table.

2. When a worker dies or retires, the employer who violates the Guarantee of Retirement Benefits of the worker shall pay the worker a retirement allowance within fourteen days after the cause for such payment occurred, unless the parties have agreed to extend the due date of payment;

Nevertheless, the Defendant did not pay 43,253,170 won in total to 10 employees, as well as 4,549,390 won of retirement pay of E, retired from the said workplace from May 20, 201 to May 28, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police with respect to F;

1. Application of G’s written statements, written complaints, details of each delayed payment of money and valuables, each average wage and retirement allowance calculation statement, and business registration certificate-related Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes