A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a user who runs a retail business of broadcasting equipment by employing five full-time workers as the representative Co., Ltd., the 402 floor B 402 of Sungnam-si, Sungnam-si.

1. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in cases where the worker retires;

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

Nevertheless, the Defendant did not pay KRW 17,224,516 of retirement allowances to D workers who worked from April 25, 2005 to August 31, 2017 within 14 days from the date of retirement and did not pay KRW 25,318,606 in total for three employees within 25,318,606 from the date of retirement without agreement on the extension of payment period between the parties, as shown in the list of crimes in the attached Form.

2. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 11 million to workers D, who worked from April 25, 2005 to August 31, 2017, within 14 days from the date of his retirement, and did not pay KRW 37,645,000 in total for five workers within 14 days from the date of his/her retirement without any agreement on the extension of payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement on petition, benefit ledger, and details of transactions of deposits and withdrawal;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances, the statement of wages and unpaid retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense (i.e., payment of wages, etc.) and Article 44 Subparag. 1 of the Guarantee of Retirement Benefits for each worker.