A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the violation of the Labor Standards Act regarding workers B.

Punishment of the crime

The defendant, as the representative director of Guro-gu Seoul Metropolitan Government (State), is a user who runs a wholesale business using 15 full-time workers.

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 5,83,816 won in total for 12 workers, as stated in the attached Table Nos. 1 through 12, including E’s wage 25,080 won, retired from the said workplace from November 15, 2013 to November 14, 2015, within 14 days from the date of retirement without any agreement between the respective parties on the extension of payment period.

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 137,586,217 won, including 3,922,440 won of retirement pay of E retired from the above workplace from November 15, 2013 to November 14, 2015, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline, as stated in the attached Table Nos. 1, 3, 9, 10, and 11.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against E, B, and the accused;

1. Each petition of the E and 13 others, each letter of workers’ representative appointment, and each statement of the E;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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; Article 44 Subparag. 1 and Article 9 of the Act on the Appointment of Workers’ Retirement Allowances (a point of payment of unpaid wages);

1. Commercial concurrence;