A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant, as the actual manager of C in Kimhae-si, is an employer who runs the main household manufacturing business by employing seven full-time 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 occurs;

Nevertheless, on May 10, 2018, the Defendant did not pay KRW 8,623,00,000 in total of the wages and annual allowances of workers D who were employed in the same workplace and retired from the same workplace, and did not pay KRW 37,665,00 in total of seven workers’ wages and annual allowances within 14 days from the date of each retirement, as shown in the attached Table of Crimes List.

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

Nevertheless, on May 10, 2018, the Defendant did not pay KRW 61,029,468 of the retirement allowances of employees D, who were employed in the said workplace and retired from the said workplace, and did not pay KRW 160,014,883 of the total amount of seven employees, as shown in the list of crimes in the attached Table, within 14 days from each date of payment, without an agreement on extension of the due date between the parties.

Summary of Evidence

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; and enforced from May 29, 2018; hereinafter “Labor Standards Act”) regarding criminal facts; Articles 44 subparag. 1 and 9 of the Guarantee of Workers’ Retirement Benefits Act (which means payment of retirement allowances)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades violating the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits);

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution;