A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in Ulsan-gun, Ulsan-gun, who is an employer who conducts a co-production business using five full-time workers.

1. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss a worker, make the pre-employment at least thirty days, and if he/she fails to make the pre-employment thirty days, he/she shall pay the ordinary wages for not less than thirty days;

Nevertheless, on December 31, 2018, the Defendant, while dismissing employees D who belong to the above company, issued a notice of dismissal 30 days prior to the dismissal or did not pay the pre-employment allowance (2,664,480 won).

2. When an employer violates the Labor Standards Act due to unpaid money or valuables, or a worker retires or retires from office, the employer shall pay wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay 24,269,837 won in total and 34,881,358 won in the retirement allowance of the employee D who retired from office from office from December 1, 1996 to December 31, 2018, without agreement on the extension of the payment deadline between the parties, within 14 days from the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the police against the accused (including parts concerning the DNA examination);

1. Application of Acts and subordinate statutes to details of account transactions, details of calculation of money and valuables in arrear, average wages, and retirement allowances;

1. Article 110 subparag. 1, Article 26 of the Labor Standards Act for the relevant Act on Criminal Facts, Article 109 subparag. 1, Article 36 of the Labor Standards Act, Article 44 subparag. 1, and Article 9 of the Labor Standards Act on the Guarantee of Workers’ Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to a violation of the Labor Standards Act due to the payment of wages, and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits);

1. Imprisonment with prison labor for each choice of punishment;