A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative director of C in Changwon-si, Masan-si, who is a member company C and has been engaged in the manufacturing business of industrial machinery parts by employing not more than six 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;

In this regard, the Defendant did not pay 52.9 million won in total of five workers' wages as indicated in the attached Table (1) and the attached Table (2), including the sum of 15.4 million won per month of wages of 2015 through 3.85 million won per month of 2015 to 3.85 million won of d's retired workers who worked as a factory site from May 1, 2014 to April 30, 2015 at the above workplace, within 14 days from the date of retirement, which is the date of the occurrence of the relevant payment cause, without agreement between the parties on the extension of the day of payment.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

However, the Defendant did not pay the total amount of KRW 17,103,041 as stated in the list of the crimes in the attached Form (1) and the list of the crimes in the attached Form (2) including KRW 3,893,258 of the retirement allowances of workers D who were employed as a factory at the above workplace from May 1, 2014 to April 30, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the cause of the payment, without agreement on the extension of the payment period between the parties.

Summary of Evidence

1. A protocol prepared by a special judicial police officer to examine the accused;

1. Application of each statute prepared by E, D, F, G, and H;

1. Article 109(1) and Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense.