A defendant shall be punished by imprisonment with prison labor for up to 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 the representative of the C Co., Ltd. in Pyeongtaek-si B, who runs a construction business using three full-time workers.

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

Nevertheless, Defendant 1 worked from July 1, 2016 to July 31, 2017 at the above workplace and did not pay KRW 5,729,030,030 in total of five workers’ wages, including the total of KRW 10,000,000,00 of the wages of retired workers D, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant employed in the said workplace from July 1, 2016 to July 31, 2017, and worked in the said workplace from April 13, 2016 to May 31, 2017 as retirement pay of KRW 4,00,000,000 for retired workers D, from April 13, 2016 to May 31, 2017, and did not pay KRW 3,883,561 for retired workers E’ retirement pay, and from June 1, 2016 to June 10, 2017, as well as KRW 11,00,000 for retired workers’ retirement pay, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties.

Accordingly, the Defendant did not pay a total of 66,812,591 won to workers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to respective petitions and statements in the preparation of D, G, H, I, E, and F;

1. Article 109(1), Article 36 of the Labor Standards Act (which means the payment of wages, etc.), Article 44 Subparag. 1, and Article 9 of the Guarantee of Retirement Benefits for Workers (which means the payment of unpaid wages, etc.) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.