A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 a representative director C, a corporation with a wife population B, who runs a manufacturing business using two full-time workers.

1. An employer in violation of the Labor Standards Act has paid all money and valuables, such as wages, within 14 days from the date when the grounds for such payment occurred, in the absence of an agreement between the parties concerned, if a worker dies or retires, the Defendant did not pay the total of 33,102,594 won, such as wages, of March 26, 2015 to D, who worked for the said company from May 26, 2015 to November 30, 2016, as wages of 486,514, and wages of 4,077,010 won from April 2016 to November 2016, respectively, within 14 days from the date of retirement without an agreement between the parties concerned.

2. An employer violating the Act on the Guarantee of Retirement Benefits of Workers has not paid the retirement allowance within 14 days from the date of the retirement unless agreed by the parties concerned, even though the Defendant did not pay the retirement allowance of KRW 6,635,763 to the workers D, who worked as the above paragraph 1 within 14 days from the date of the retirement without an agreement between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Act on the Suspension of Execution (the fact that the Defendant recognized his mistake and reflects his management, etc.) appears to have led to the instant crime on the grounds of deterioration of business management, and there is no extenuating circumstance to deem it as having been maliciously paid wages. Although it was not agreed, it appears that the victimized employee made efforts to recover the damage of the victimized employee by paying part of the unpaid wages and retirement allowances.