A defendant shall be punished by imprisonment for one year.

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

(e).

Punishment of the crime

The defendant is the representative director of the corporation N in the Nam-gu Incheon Metropolitan City, who is an employer who runs a gold business using 21 full-time workers.

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

Nevertheless, the Defendant provided labor between May 1, 2017 and July 1, 2017 to retired workers from the above workplace and did not pay the total of KRW 5,00,00,00 in Q’s wages, including KRW 9,419,50,50,000, in total of KRW 12,947,750, in total of R’s wages, KRW 10,707,343, in total of S’s wages, KRW 18,532,605, in total of T’s wages, KRW 12,629,957, in total of wages, KRW 6,75,989,50, and KRW 503, in total of wages, KRW 75,00 in retirement workers, including KRW 6,75,989,50, in total, from the date of each retirement without an agreement between the parties to the extension of payment.

2. 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; and

Nevertheless, the Defendant provided labor between March 4, 2013 and July 1, 2017 at the same place of business and paid 16,533,344 won in total, including 5,986,118 won in the RR retirement pay of retired workers, and 2,590,960 won in the S, 5,060,336 won in T retirement pay, 2,895,930 won in the V retirement pay, and 16,53,344 won in total, within 14 days from the date of each retirement without any agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made by the police;

1. A written statement of U, Q and V;

1. Each written petition;

1. To apply Acts and subordinate statutes to the detailed statement of arrears of wages, detailed statement of money and valuables, average wages, and calculation statement of retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense (the fact that wages are not paid) and the Guarantee of Retirement Benefits for respective workers.