A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is a D representative in South-gu, South-gu, who is a full-time worker and operates mechanical manufacturing business, etc. using 25 women.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, or any other money or valuables within 14 days after the cause for such payment occurred, unless there exist any special circumstances;

Nevertheless, the Defendant, from June 24, 2016 to July 5, 2017, did not pay 159,357,740 won in total of 26 workers in the attached crime list, including the amount of wages of 4,00,000,000 in April 2017, to those who were employed and retired in D, within 14 days from the date of retirement without any agreement on the extension of payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless there exist any special circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 19,756,600 to four employees as stated in the list of crimes in the attached Form E’s retirement allowances, including KRW 3,990,90,90,00, within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made to E and F;

1. As a result of the calculation of retirement allowances, details of money and valuables in arrear, current status of service, and application of wage payment statutes;

1. Article 109 of the relevant Act concerning facts constituting an offense, Articles 109(1) and 36 of the Labor Standards Act for the Selection of Punishment, and Articles 44 Subparag. 1 and 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid due to retirement);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.