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 actual manager of Co., Ltd. C with the fourth floor of Pyeongtaek-si building B, who runs a construction business with five regular workers.

1. An employer violating the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, the Defendant worked in the said workplace from December 16, 2016 to April 5, 2018, and did not pay the total of KRW 18 million of D wages of retired workers from the said workplace from December 20, 2016 to May 21, 2016, and paid KRW 17 million of E wages of retired workers from December 20, 2016 to May 21, 2018 without an agreement 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, unless agreed by the parties concerned; and

Nevertheless, the Defendant worked in the said workplace from December 16, 2016 to April 5, 2018, and did not pay 3,580,883 won of retirement pay of retired workers E from the said workplace from December 20, 2016 to May 21, 2016, and paid 3,580,883 won of retirement pay of retired workers E from December 20, 2016 to May 21, 2018 without agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of each relevant statute;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under the Criminal Act;