A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 C (State) in the racing-si, is an employer who is engaged in the manufacturing business by employing five 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;

Nevertheless, the Defendant did not pay KRW 2,474,210 on June 6, 2015, when working in the above workplace and retired on August 18, 2015, within 14 days from the date of retirement, which is the day of payment, without agreement between the parties on the extension of the day of payment between the parties, and did not pay KRW 21,970,710, total of five workers’ wages, etc., as shown in the attached list of crimes, within 14 days from the date of retirement, which is the day of payment, without agreement on the extension of the day of payment between the parties.

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.

Nevertheless, the defendant did not pay KRW 3,572,91 of D's retirement pay, which was retired on August 18, 2015, within 14 days from the date of retirement, which was the date of payment, without any agreement between the parties on the extension of the date of payment between the parties, and did not pay KRW 8,934,62 in total for D, E, and F's retirement pay as stated in the attached crime list, without any agreement on the extension of the date of payment between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes that verify facts, such as a written accusation, a summary of each payment of wages, a detailed statement of benefits, and telephone;

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.