A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2015 Highest 2302] The defendant is a representative director of the C Co., Ltd. in the Gu Government City B, who employs 10 full-time workers and operates a construction business.

1. The Defendant in violation of the Labor Standards Act did not pay 43,067,940 won in total for eight retired workers as stated in the attached crime list, such as wages of 960,000, Sept. 9, 2014, which was worked in the above workplace from September 22, 2014 to October 3, 2014 at the above workplace, to the effect that 14 days have passed from each date of retirement, without any agreement between the parties on the extension of the due date.

2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 19,510,600 of the retirement allowances retired from his/her place of business from March 17, 2008 to November 16, 2014, to 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

[2015 Highest 3382] The defendant is a representative director of the C Co., Ltd. in Gu Government-Si B, who employs 10 full-time workers and operates the construction business.

The Defendant, under the control of the foregoing company, worked at the remodeling construction site at the time of permanent residence, from June 3, 2013 to June 11, 2013, and did not pay KRW 765,000 of G’s wages to the party concerned for more than 14 days from the date of his/her retirement without any agreement on the extension of the due date.

Summary of Evidence

[2015 Highest 2302]

1. Defendant's legal statement;

1. Each written statement of D, H, I, J, K, L, E, and M;

1. A written petition [2015 Highest 3382]

1. Defendant's legal statement;

1. A written complaint of G;

1. Application of Acts and subordinate statutes governing confirmation of facts, such as telephone;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of alternative imprisonment with prison labor (the amount of wages in arrear and retirement allowances, etc.);

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