A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

[200 Highest 567] The defendant is the representative of Seocho-gu Seoul Metropolitan Government building B or D with subparagraph (C) who runs a construction business by using 11 full-time workers.

The defendant shall work at the relevant workplace from January 22, 2019 to January 31, 2019.

A retired worker E’s wage of KRW 1,290,000 in January 2019, was not paid without any agreement between the parties on the extension of the due date, and was not paid within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the due date and the total amount of KRW 25,790,000 and KRW 13,478,529 of the worker F’s retirement allowance as stated in the attached list of crimes.

[200 Highest 860] The Defendant is a representative of Seocho-gu Seoul Metropolitan Government D Co., Ltd., who employs 7 full time workers and engages in construction business.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Provided, That the date of payment may be extended by an agreement between the parties in special circumstances.

Nevertheless, the Defendant is working from May 2, 2018 to May 31, 2019 at the place of business of the said corporation D, which is at the site of the Jongno-gu Seoul Metropolitan Government Gtel construction work.

The retirement allowance of H was not paid KRW 4,763,96 within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

[200 Highest 567]

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes on employment contracts, financial transactions and business registration certificates to each written appeal, average wages, and retirement allowance calculation [20 order860] of the defendant's written statement by the police with respect to H's legal statement, the calculation of average wages and retirement allowance, employment contracts, personal financial transactions, and business registration certificates

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the applicable law concerning the choice of punishment, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.