The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 31, 2019, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch, and the said judgment became final and conclusive on February 8, 2019.

The defendant is the operator of C Co., Ltd. in Kimpo-si, who runs a construction business using four regular 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;

The Defendant, at the same place of business, worked from September 1, 2015 to October 31, 2016 at the same place of business, and retired from D’s wages of KRW 1,500,000 on March 3, 2016 and did not pay KRW 28,00,000 in total for two retired workers within 14 days from the date when the cause for the payment occurred without an agreement on the extension of the due date between the parties, as stated in the attached crime sight table.

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

The Defendant had worked from September 1, 2015 to October 31, 2016 at the foregoing workplace and had retired D’s retirement allowances of KRW 1,716,647, as stated in the list of crimes in the attached Table, and did not pay KRW 4,273,526, as well as KRW 4,273,526, in total, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Each employment contract;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (verification reports during the period of suspension of execution of punishment)-related Acts and subordinate statutes;

1. Article 109 (1), Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where each retirement pay is unpaid);

1. Trade name;