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

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

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in Ansan-si B, who runs the manufacturing business with 16 regular workers.

1. When a worker 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;

Nevertheless, the Defendant worked in the foregoing workplace from August 1, 2009 to March 10, 2015, and did not pay the total of KRW 3,724,885 of the wages of four workers, as shown in the attached crime list, as well as KRW 1,012,57 of the retired workers D, within 14 days from the date of retirement, without any agreement between the parties to the extension of the due date.

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, the Defendant did not pay the total amount of KRW 74,632,290 as well as KRW 9,883,173 of retirement allowances to the above employees D within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A written petition;

1. A detailed statement on the money and valuables in arrears for each individual, each average wage, and each written calculation of retirement allowances;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

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

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. The defendant's overdue wage and the amount of unpaid retirement allowance, etc. with the reason for sentencing under Article 62 (1) of the Criminal Act, are disadvantageous to the defendant, or the defendant.