A defendant shall be punished by imprisonment with prison labor for four months.

except that the execution of a 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, as the representative director of the C Co., Ltd. located in Yangsan City, was engaged in food manufacturing business by employing 26 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of KRW 14,421,655, including the total amount of KRW 7,063,975, retirement allowance of KRW 2,688,430, and the total amount of KRW 9,752,405, from May 1, 2013 to July 31, 2014, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date, as shown in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. To apply the details of goods in arrear, average wages, and calculation details of retirement allowances (workers D);

1. Unpaid payment of wages under the relevant provision of the Act on the Guarantee of Retirement Benefits for Workers: Articles 109, 109, 11, and 36 of the Labor Standards Act (Selection of Imprisonment): Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for Workers;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes against a person who violates the Labor Standards Act due to the failure to pay wages to D with the largest worker D)

1. The fact that most of the overdue wages, etc. were paid through dividends and substitute payments pursuant to Article 62(1) of the Act on the Suspension of Execution, taking into account the background leading up to the crime of sentencing under Article 62(1) of the Criminal Act, and most of the overdue wages, etc. (as a result, six of the 10 workers who filed the original Defendant’s complaint was revoked, and the remaining four workers’ overdue wages, etc. were fully paid, and the amount of overdue wages, etc. of workers E, F, and G out of the employees D’s overdue wages was unpaid, and the amount of 2.9 million won out of the worker D’s overdue wages was unpaid) and