A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

The defendant is a person who operates C with the purpose of manufacturing air-conditioning and heating ventilation facilities with factories in Jincheon-gun B.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred, unless the due date is extended by agreement between the parties concerned;

Nevertheless, the Defendant had worked in the above plant from June 30, 2014 to December 1, 2016 and had retired workers D’ wages totaling KRW 47,00,000,000, including wages of KRW 2,690,323 on October 2015, even though 14 days have not passed since the date of retirement without an agreement between the parties concerned, and did not pay KRW 82,00,000 for the total wages of two workers, as shown in the list of crimes in the attached Table, even though 14 days have passed since the date of retirement without agreement between the parties concerned.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days from the date when the cause for such payment occurred, unless the payment has been extended by agreement between the parties concerned.

Nevertheless, the Defendant, from June 30, 2014 to December 1, 2016, was serving in the above factory and did not pay KRW 8,159,520 of the retirement allowances of workers D who were employed in the above factory for the same period, and KRW 7,679,550 of the retirement allowances of workers E who were employed in the above factory for the same period, even after the lapse of 14 days from the date of retirement without an agreement between the parties.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the name of business registration certificate, certificate of registered matters concerning a corporation, history inquiry in the employment insurance system, average wages and retirement allowances;

1. Article 109(1) of the former Labor Standards Act (wholly amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts.