A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The defendant is a business owner who engages in automobile parts manufacturing business, etc. under the trade name of a stock company C with 18 full-time workers in Seongbuk-gu, Changwon-si.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the Defendant is working from September 1, 2009 to July 4, 2019 at the above workplace.

D’s total amount of wages of KRW 36,360,00 in February 2016, including wages of KRW 3,60,600 in year-end settlement, KRW 2,092,690 in year-end settlement, annual unused allowances of KRW 2,540,00 in year-end settlement, and KRW 35,194,415 in year-end retirement allowances of KRW 2,540 in year-end retirement allowances and retirement allowances of KRW 35,194,415 in the attached crime list, and did not pay wages, year-end settlement refunds, annual unused allowances, and retirement allowances of 12 workers within 14 days from the date of each employee’s retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D;

1. Application of Acts and subordinate statutes to the details of unpaid wages and retirement allowances, each annual salary contract, each employment contract, details of failure to make a year-end settlement, average wages and retirement allowances calculation, and individual arrears;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where taxes are not paid as retirement allowances);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence [Incompetence] include the past and past records of punishment, the fact that the amount of unpaid wages and retirement allowances is not much (fluent circumstances], and the fact that the health is not good, and the instant case is due to business deterioration.