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

Of the facts charged in the instant case, the column for “the dismissed part of the prosecution” in the attached money and valuables table.

Punishment of the crime

[Joint Cases] The defendant is the representative of the (State) C in Bupyeong-gu, Busan, and the employer who runs the business of manufacturing electronic parts by using 65 full-time workers as the representative of the (State)C.

1. An employer who has accrued wages or retirement allowances shall, if a worker dies or retires, pay him/her wages, compensations, or 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 did not pay 34,478,02 won, including 4,694,151 won of wages and retirement allowances of retired workers D, from August 18, 2014 to September 23, 2015, in total, 334,478,02 won of wages and retirement allowances of 41 workers, without any agreement between the parties on the extension of payment date, within 14 days from the date of retirement.

2. When an employer intends to dismiss a worker, he/she shall do so at least 30 days prior to the dismissal, and when he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for at least 30 days.

Nevertheless, the defendant dismissed E, who had worked from June 2, 2014 to the above workplace, as of April 6, 2016 without 30 days prior to the dismissal, and did not pay an amount equivalent to KRW 2,766,66 of the pre-employment allowance on the date of dismissal.

Summary of Evidence

【Joint Cases Governing the 【Joint Cases】

1. Statement by the defendant in court;

1. Each written statement of workers;

1. Application of Acts and subordinate statutes to each authentic statement, each salary payment statement, business registration certificate, all registered matters, certificates, each statement of settlement of accounts of retirement allowances, ledger of wages, and statement of delayed payment;

1. Article 109(1), Article 36 of the Labor Standards Act for Criminal Facts, the pertinent Act, and Articles 109(1), and 36 of the Labor Standards Act for the Selection of Punishment (which refers to the payment of wages and the choice of imprisonment), Article 110 Subparag. 1, and Article 26 of the Labor Standards Act (which refers to the payment of pre-determination allowances for dismissal; and