A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the actual representative of the Gyeonggi-si (State)C located in Gyeonggi-si, who has run a furniture manufacturing business using six regular workers.

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

Nevertheless, the Defendant is working from January 1, 2015 to June 10, 2017 at the above workplace.

D's total wage of 62,56,650 won, including 1,300,000 won for December 2, 2016, was not paid respectively within 14 days from the date of retirement, as shown in the attached list of crimes.

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

Nevertheless, the Defendant is working from January 1, 2015 to June 10, 2017 at the above workplace.

The retirement pay of 33,589,869 won, including 9,597,107 won, was not paid respectively within 14 days from the date of retirement without any agreement between the parties on extension of the due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each authentic statement of D, E, F, and G;

1. Application of statutes to the calculation statement of average wages and retirement allowances, its business registration certificate (H), and its business registration certificate (HC);

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Each worker provided for in Articles 40 and 50 of the Criminal Code of Trade and Trade.