A defendant shall be punished by imprisonment for four 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 of D in the 12th floor of the Yeongdeungpo-gu Seoul Metropolitan Government building C, who is a full-time worker and is an employer who is engaged in food service.

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, at the foregoing workplace from September 8, 2013 to March 21, 2014, did not pay 17,436,370 won in total for six workers, including the amount of wages 2,340,000 won in March 2014, as shown in the attached crime list, within 14 days from the date of retirement without agreement between the parties on 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, at the same place of business, worked from February 19, 2013 to March 3, 2014, did not pay KRW 7,893,135, including KRW 2,907,602 of retirement pay of retired workers F, within 14 days from the date of retirement without agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each complaint, written complaint, and written statement;

1. Application of Acts and subordinate statutes to each passbook transaction statement, average wages and retirement allowance calculation statement;

1. Article applicable to criminal facts;

(a) Whether each wage is paid: Articles 109(1) and 36 of the Labor Standards Act;

(b) Unpaid retirement benefits: Subparagraph 1 of Article 44 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.

1. Articles 40 and 50 (F, I, and J respectively a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.