A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The defendant is the representative of Gangseo-gu Seoul Metropolitan Government building B and the second floor (ju)C, who runs a service business (non-destructive testing) using five full-time workers.

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;

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

Nevertheless, the Defendant is working in the workplace from February 21, 2014 to December 8, 2017.

A retired D's wage of KRW 504,00 on November 1, 2015 and KRW 103,452,472, and year-end settlement refund of KRW 1,344,100, respectively, were not paid within 14 days from the date of retirement, as shown in the attached list of crimes committed.

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 is working in the workplace from February 21, 2014 to December 8, 2017.

The retirement allowance of retired D, including KRW 8,94,949,949, did not pay 32,380,644 won in total for four retirement allowances of retired workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, D, F, G, and H;

1. A detailed statement for calculation of each retirement allowance (D, F, G, and H);

1. Application of the detailed statement of wage and salary income payment (D, G, and H)-related statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act as to the Guarantee of Workers' Retirement Benefits.