A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The defendant is a user who employs 15 full-time workers as the representative director of corporation C in Gangnam-gu Seoul Metropolitan Government and operates a construction business.

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

Nevertheless, the Defendant did not pay the total of KRW 187,634,450 for four workers' wages and bonuses within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as shown in the list of crimes in the attached Table (excluding the E-related part), including KRW 3,341,110 of the worker D who retired from office from his/her workplace from May 1, 200 to April 30, 2016, as well as KRW 187,634,450, respectively.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

Nevertheless, the Defendant did not pay the total amount of KRW 219,464,890 for four workers within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties, as shown in the list of crimes (excluding the E-related part) including KRW 66,53,620 of retirement allowances D retirement allowances of retired workers who were employed in the said workplace from May 1, 200 to April 30, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement and written statement;

1. Calculation details of each retirement allowance, calculation details of each delayed payment, and application of statutes on financial transactions;

1. Articles 109(1) and 36 of the Labor Standards Act for the facts constituting an offense, as prescribed in the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes.