A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative director of C, a corporation with the 6,7th floor of the building B in Ansan-si, who ordinarily employs eight workers and operates a sports facility transport business, etc.

1. If a worker dies or retires, an employer who violates the Labor Standards Act due to overdue payment of wages shall pay the worker wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, from November 7, 2016 to August 31, 2019, the Defendant did not pay KRW 1,553,100 on July 7, 2019, wage of KRW 1,503,00 on August 8, 2019, without an agreement between the parties on the extension of the payment deadline between the parties, within 14 days from the date of retirement, and did not pay KRW 12,891,942 on the aggregate of four workers’ wages, as shown in the attached crime list, within 14 days from the date of retirement, without any agreement on the extension of payment deadline between the parties.

2. An employer who violates the Labor Standards Act due to non-payment of the pre-employment allowance shall, if he/she intends to dismiss a worker, make the pre-employment at least thirty days, and if he/she fails to make the pre-employment thirty days, he/she shall pay the ordinary wages for not less than thirty days.

Nevertheless, the Defendant did not pay KRW 1,753,50 of the pre-employment allowance for 6 workers, as shown in the list of crimes in the attached Table, even though he was dismissed from the above workplace as above and did not pay KRW 10,034,097 in total, as shown in the list of crimes.

3. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

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