A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant is an employer who employs eight full-time workers while operating the “C” of a shipbuilding company in South and North Navy B.

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

However, Defendant D did not pay the total of KRW 10,167,50 of the wages of the retired worker E while working in the said company from July 1, 2013 to April 30, 2017 and from August 1, 2013 to April 30, 2017, within 14 days from the date of retirement without agreement on the extension of the payment date.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

In doing so, the Defendant did not pay KRW 7,500,000 retirement pay of the above D and KRW 6,665,895 in total, and KRW 14,165,895 in total, and KRW 14,895 in total, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Application of Acts and subordinate statutes to a copy of work site;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal facts as prescribed by the relevant Act, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (it shall be between a violation of the Labor Standards Act for the same worker and a violation of the Labor Standards Act of the Guarantee of Retirement Benefits for Workers);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Basic area: Application of the sentencing criteria [the scope of the recommended punishment] and non-payment of wages, etc.: April to August.