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 is a representative director of the Seocho-gu Seoul Metropolitan Government Co., Ltd., which is in the Seocho-gu 10th, and is a user who operates a construction business by employing 30 regular retirees

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 occurred;

Nevertheless, the Defendant worked in the above company from April 6, 2009 to June 30, 2015 and did not pay the total of KRW 59,967,622, including KRW 2,41,560 of the wage balance of March 2014 of retired workers D, as stated in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties concerned.

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

Nevertheless, the Defendant did not pay KRW 25,863,182 of D retirement pay of retired workers as set forth in the above paragraph (1) at the above workplace within 14 days from the date of retirement without any agreement on extension of the due date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the defendant and E;

1. Application of Acts and subordinate statutes to each written petition prepared by D;

1. Articles 109 (1), 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 (1) and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing below) include a considerable amount of wages and retirement allowances that the defendant has not been paid, while the defendant acknowledges and reflects his fault, there is no history of having been punished by imprisonment without prison labor or more, and other ages, character and conduct, intelligence and environment of the defendant.