A defendant shall be punished by imprisonment for six months.

However, 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 the representative of Yeonsu-gu, Incheon and 202, who is an employer who employs seven full-time workers and operates the electrical construction business.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, at the same place of business, worked from October 19, 2013 to December 2, 2013 at the above place of business, did not pay 39,700,000 won in total of six workers as shown in the attached crime list, including the amount of wages of 640,000,000 won of retired workers D, within 14 days from the date of retirement, without any agreement on the extension of the due 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, while working in the above workplace from May 1, 2013 to August 30, 2014, did not pay 9,437,150 won, including 4,577,720 won of retirement pay of retired workers E, within 14 days from the date of retirement, without agreement between the parties on extension of the due date for payment.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The delayed payment of wages, etc. in this case under Article 62(1) of the Criminal Act does not have the same power and exceeds the fine;