A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

The defendant is the representative of Geumcheon-gu Seoul Metropolitan Government building, 609-125, and 609-221 (State) D, who runs software development business using one full-time worker.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, from August 1, 2011 to April 30, 2017, the Defendant did not pay the total of KRW 19,358,380,00 from the date of retirement within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, from August 1, 2011 to April 30, 2017, the Defendant did not pay KRW 25,657,687 of the retirement pay of E retired retirement pay from office in D within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. Details of arrears;

1. Application of Acts and subordinate statutes to a retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Although there are a lot of unpaid wages and retirement allowances due to the reasons for sentencing under Article 62-2 of the Criminal Code of the community service order, the defendant is against his/her wrong recognition.