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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative director of D Co., Ltd. located in Heak-gu Seoul Metropolitan City, who is an employer who engages in the business of manufacturing building materials by employing 40 full-time workers.

1. Violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits (2016 high-ranking 861);

(a) When a worker retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant had worked in the said workplace from September 18, 2009 to November 30, 2015, and had retired workers E’ wages of KRW 25,082,783, annual allowances of KRW 3,109,187, which was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date between the parties. In addition, the Defendant did not pay KRW 59,457,69, total amount of wages, etc. for three workers as shown in the attached Table 1, within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant, from September 18, 2009 to November 30, 2015, did not pay KRW 31,810,99 of retirement pay of retired workers E, who were employed in the said workplace, within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, and did not pay KRW 51,200,733 of retirement pay for three workers, as shown in the separate crime list, within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.

2. Violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits (2016 high-level 1214).

(a) When a worker retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant on March 23, 2001.