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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

피고 인은 파주시 W에 있는 ㈜X 대표이사로, 상시 13명의 근로자를 사용하여 소프트웨어 개발 업을 경영하는 사용자이었다.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her 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 KRW 282,33 of the wages of KRW 10 of workers A who worked from June 4, 2016 to April 28, 2017 at the above workplace, as shown in the list of crimes in the attached Table, and did not pay KRW 72,232,610 of the total wages of KRW 10 of workers within 14 days from the date of 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 case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 4,108,607 of the retirement allowance of the retired employee AB from March 26, 2014 to February 3, 2017 at the said workplace, and did not pay KRW 36,688,830 in total for six employees, as shown in the list of crimes in the attached Table, for up to 14 days from the date of retirement without any agreement on the extension of payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of AC, AD, AE, D, AF, AG, AH, and AI;

1. Each petition of AJ, AK, AA, AB, and AL;

1. Application of Acts and subordinate statutes to each of the details of the settlement of each benefit and retirement allowance, a detailed statement of salary, each unpaid amount, each benefit ledger, and each monthly benefit amount;

1. Article 109(1) of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts.