A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The defendant is the representative director of E Co., Ltd. with D building 502 in Jeonju-si, Jeonju-si, who runs a construction business with six full-time workers.

1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless there exists any extension of the due date by an agreement between the parties concerned, due to special circumstances;

Nevertheless, the Defendant had worked from November 8, 2016 to June 26, 2017 at the above workplace, and had not paid the total of KRW 2,058,000 for three retired workers within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date, as stated in the wage portion of the attached Table 2, 3, and 4 among the five-month period from February 2017 to June 2017, as well as the wage amount of KRW 1,4.6 million between the retired employees.

2. An employer who violates a guarantee of retirement benefits of a worker shall, in case where the worker retires, pay the retirement benefits within 14 days from the date of such extension, unless there exist any special circumstances, by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 4,489,279 of G retirement allowances, which was retired from the said workplace from the date of December 1, 2014 to September 30, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, C, and H;

1. A written statement of I;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of retirement benefits) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the violation of the Labor Standards Act with respect to Workers G).