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

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

Punishment of the crime

The Defendant is a business owner who operates construction equipment with ten full-time workers in the name of “C” in Ulsan-gun B, Ulsan-gun, and is an employer.

When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and 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, at the above workplace from August 23, 2016 to June 5, 2018, served as an engineer and served as retirement allowance of KRW 5,251,801 as well as KRW 38,343,723 in total, as shown in the attached crime list, did not pay KRW 38,343,723 in total, as stated in the attached crime list, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A written average wage and retirement allowance calculation;

1. Details of transactions of each financial account;

1. Application of Acts and subordinate statutes to the details of personal arrears;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning facts constituting an offense;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of recommendations according to the sentencing guidelines [decision of types] that violates the Labor Standards Act: Wages, etc. (type 1] and no person who has been paid wages, etc. (type 50 million won or less) (the field of recommendations and the scope of recommendations]; the basic area of recommendation [the scope of recommendations and recommendations]; and April through August.

3. Determination of sentence: The amount of money and valuables in arrear (2.2 million won out of the victim D's retirement pay) and the motive and background of the crime, and the payment of the money and valuables in arrear (the defendant seems to have requested the defense counsel to pay for the full amount of unpaid retirement pay to D and E and the retirement pay to F).