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.

Criminal facts

Some of the facts charged were corrected.

The defendant, as the representative director of C&A, is an employer who is entrusted with the operation of the "E hotel" located in D at Jeju with ten full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 40,837,690 won, including 2,405,773 won on August 28, 2018 of the FF’s working hours from December 11, 2017 to February 28, 2019 at the above workplace, within 14 days from the date of each retirement, without agreement on extension of the due date between the parties, as stated in the attached list of crimes Nos. 1 to 6, 8 through 14, 20, and 20 to 23.

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, during the period from December 11, 2017 to February 28, 2019, the Defendant did not pay KRW 3,770,543 of F retirement pay to employees working in the said workplace 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. A written statement of the G production;

1. Each written petition;

1. Application of Acts and subordinate statutes governing payment of wages;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;