A defendant shall be punished by imprisonment for a period of two months.

Punishment of the crime

The defendant is the representative director of Yeonsu-gu Incheon Metropolitan City D, who operates the business of manufacturing communications equipment parts by using five regular workers, and is the representative director of (ju) E in the same place, who is the user who runs the software development business by using five regular workers.

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;

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

Nevertheless, the Defendant had worked from October 4, 2012 to June 30, 2018 at the said workplace, and had not paid 23,871,180 won in total, including three retired workers’ wages, annual allowances, and year-end refund amount, as shown in the attached Table of Crimes List, within 14 days from the date on which the cause for payment occurred, without any agreement on the extension of the payment date between the parties concerned.

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

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

Nevertheless, the Defendant did not pay 41,491,914 won in total, including 18,931,180 won, of retirement allowances of retired workers F, as stated in paragraph (1), within 14 days from the time when the cause for payment occurred, without agreement between the parties on the extension of the payment deadline, as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Application of the respective relevant Acts and subordinate statutes to G, F and H;

1. Article 109(1) of the Labor Standards Act concerning criminal facts