A defendant shall be punished by imprisonment for not more than ten 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 the representative of the C Co., Ltd. in Pyeongtaek-si B, who is engaged in the manufacturing industry using 65 full-time workers.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay all money or valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 310,837,966 won, including the total sum of 6,637,060 won of wages of retired workers D from the said workplace from December 1, 201 to November 30, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay 64,93,856 won in total, including 18,743,420 won of retirement allowances of retired workers D from the said workplace from December 1, 201 to November 30, 2016, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as shown in the list of crimes in the attached Table.

Accordingly, the Defendant did not pay a total of KRW 975,831,822 to workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each fact-finding statement and a written petition;

1. Details of arrears, top priority repayment, and substitute payment for each C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;