A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, as the representative of Ansan-si B 206, is an employer who operates a printing circuit manufacturing business using ten full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

The Defendant did not pay the total amount of KRW 84,763,385 to 22 employees within 14 days from the date of retirement without agreement on the extension of the due date, as stated in the details of personal delayed payment money and valuables, including KRW 2,849,545 of D-D’s wages for November 2015, which worked from July 27, 2015 to June 14, 2016.

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; and

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

The Defendant did not pay the total amount of KRW 20,870,174 of the retirement allowances of 4 employees, such as KRW 10,160,225 of the E retirement allowances, which worked from January 2, 2013 to June 14, 2016, within 14 days from the date of retirement, without any agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the relevant Acts and subordinate statutes;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It appears that the payment of wages and retirement allowances is not made because of failure to carry out the business in Article 62(1) of the Criminal Act; and