A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant, as the representative of the vehicle industrial company C in Gyeonggi-gun B, is an employer who runs the automobile repair business by employing ten full-time workers.

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 an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay 14,385,970 won in total for two retired workers within 14 days from the date of retirement without an agreement on the extension of payment deadline between the parties, as shown in the list of crimes in the attached Table, including D’s wage 2,50,000, which was worked from June 26, 2006 to October 31, 2019 at the above workplace.

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, the Defendant did not pay the total amount of KRW 40,912,619 of retirement allowances of two retired workers as well as KRW 32,671,229 of retirement allowances of D who worked in the above workplace as above at the above workplace within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances for D or E in each police statement made to D or E;

1. Article 109(1) of the Labor Standards Act, Article 36 of the former Labor Standards Act (amended by Act No. 17326, May 26, 2020); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each Workers (which means the unpaid payment of wages) concerning criminal facts;

1.Article 40 of the Criminal Code of Trade and Trade.