Defendants shall be punished by imprisonment for one year.

However, each of the defendants is sentenced to the above punishment for two years from the date of the final judgment.

Punishment of the crime

The Defendants are employers who operate health business with 70 full-time employees while operating the D convalescent hospital in the field of debate.

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

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

Nevertheless, the Defendants conspired to pay 81,309,798 won, including 650,774 won in November 5, 2017 to 4 December 2017, to 56 workers E who worked in the above convalescent hospital as U.S. dollars, without any agreement between the parties on the extension of the due date for payment, respectively, within 14 days from the date of retirement.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him a retirement allowance within fourteen days from the date when the cause for such payment occurred; and

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

Nevertheless, the Defendants conspired to pay 55,605,248 won, including 2,767,684 won from December 5, 2015 to December 4, 2017, as well as 55,605,605,248 won, to 60 employees, respectively, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. Application of each petition, health insurance qualification confirmation, wage ledger, and detailed statement of passbook transaction Acts and subordinate statutes;

1. Defendants of the pertinent legal provisions on criminal facts: Articles 109(1) and 36 of the Labor Standards Act, and the Guarantee of Workers' Retirement Benefits Act.