A defendant shall be punished by imprisonment with prison labor for four months.

Punishment of the crime

The Defendant is a user who manufactures industrial machinery by employing four full-time workers as the representative of C in Gyeongnam-gun, Gyeongnam-gun.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 6,956,800 in total amount of wages of workers D who worked in the above workplace from May 1, 2012 to November 30, 2017 at the above workplace, and did not pay KRW 36,439,564 in total for four workers within 14 days from the date of each retirement, as shown in the list of crimes in the attached Table.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 11,161,643 of the retirement allowance of E-employee E who worked in the accounting and general office from March 17, 2014 to March 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written petition;

1. Details of the representative, list of workers and wages in arrears;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Article 109(1) and Article 36 of the Labor Standards Act for Criminal Facts (the fact that money and other valuables are not paid, such as wages) of the relevant Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the fact that the money and other valuables are not paid, such as wages)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] are as follows: (a) there is no person who does not have a basic area (4 to 8 months) [the person who is subject to special sentencing] [the person who is subject to special sentencing] in the basic area (4 to 50 million won].