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

Criminal facts

The Defendant was the actual operator of the company D with limited liability located in Yongama Group C, who employs 30 full-time workers, and was the employer and the employer who run the shipbuilding business.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 56,443,477 as well as KRW 5,00,00,000 of wages E of retired workers who worked in a management position from April 20, 2017 to September 20, 2017 at the same place of business and KRW 58,133,477, including the total of KRW 56,443,90 and retirement allowances and KRW 1,689,577, as shown in the list of crimes in the attached crime list, within 14 days from the date of retirement, which is the date on which the cause for payment occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and I (including additional data);

1. Application of statutes on each request for confirmation of facts, such as each petition, each telephone, etc., response to a request for confirmation of the details of payment of substitute payments, submission of each investigation data (including additional data), duplicate of each reported case, prior to the treatment of civil petition documents (including supplementary data), response to a request for provision of data (including additional data), and application of the details of transactions of passbooks;

1. The fact that the relevant legal provisions and the fact that each of the selective wages is in arrears with respect to criminal facts: Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); and the fact that each of the selective retirement pay is in arrears with imprisonment: Article 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits; Articles 44 subparag. 1 and 9 of the same Act on the Guarantee of Workers’ Retirement Benefits; imprisonment with labor;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Legal penalty;