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

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the actual manager of the C Co., Ltd. in the Dong-gu Seoul Metropolitan City, who runs a construction business using four full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay KRW 2,130,00,00 of D’s wages, from April 15, 2015 to January 20, 2016 at the above workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of the date, as shown in the attached list of crimes (excluding the part related to E), as well as the total wages of KRW 13,913,940 for three workers as shown in the attached list of crimes (excluding the part related to E).

2. When a worker dies or retires, the employer who violates the Guarantee of Retirement Benefits of the worker shall pay him/her at present within fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

However, the Defendant did not pay KRW 3,776,150 of the F's retirement allowance retired from his/her service from the above workplace from December 11, 2014 to June 16, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as shown in the table of annexed crimes (excluding the part related to E), as well as the total amount of KRW 7,278,720 of the retirement allowance of two workers as shown in the table of annexed crimes (excluding the part related to E).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of D;

1. Application of the statutes on payment of unpaid benefits;

1. Criminal facts;