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, as the representative of the “C” in Sacheon-si, is an employer who runs the business of manufacturing kitchen instruments with five full-time workers.

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

Nevertheless, the Defendant worked in the said workplace from April 8, 2005 to March 6, 2015 and retired workers D’s wages of KRW 1,50,00,00 for September 9, 2014, and KRW 1,300,000 for retirement pay, KRW 20,642,512 for January 2015, and KRW 1,300 for retirement pay from May 28, 2012 to March 6, 2015, and did not pay the retired workers E’ wages of KRW 1,30,000 for September 28, 2014, and KRW 1,053,30 for retirement pay, total amount of KRW 4,895,184 for total amount of KRW 30,690,96 for retirement payment without agreement between the parties concerned on the extension date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A written petition;

1. Application of Acts and subordinate statutes, such as reference matters, certificate of employment, business registration certificate, each payment statement, average wages and retirement allowances calculation statement, power of attorney;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of alternative imprisonment with prison labor (the amount of wages in arrear and retirement allowances, etc.);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the defendant acknowledges all the facts of the crime in this case, the fact that the defendant has no record of the same crime, the circumstance of delinquency in payment of the wage and retirement pay in this case, and other factors such as the age, character and conduct, environment, motive for the crime