A defendant shall be punished by imprisonment 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

[Criminal Justice] On September 4, 2019, the Defendant was sentenced to a suspended sentence of two years for a violation of the Labor Standards Act on the grounds that the Defendant committed a violation of the Labor Standards Act in the Goyang Branch of the Jung-gu District Court. The judgment became final and conclusive on September 2, 2019.

【Criminal Facts】

The defendant is the representative of the C Co., Ltd. in Pyeongtaek-si B, who runs a construction business using 14 full-time workers.

1. An employer violating the Labor Standards Act, when a worker dies or retires, shall pay wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working at the construction site of an E factory at the construction site from March 1, 2017 to April 20, 2018.

A total of 36,015,340 won, such as wages, etc., were not paid to retired workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties to the contract on March 2018, 2018, and the total of 36,015,340 won was not paid within 14 days from the date of retirement, as shown in the separate crime list.

2. Where an employee in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date on which the cause for such payment occurred, but the Defendant is working at the construction site of a new E-factory located in D during the period from March 1, 2017 to April 20, 2018.

The retirement allowance of the retired worker was not paid 5,298,875 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement about G, H, F, I, J, K, L, and M;

1. Application of the Acts and subordinate statutes of the N and M

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (the point of which payment of retirement allowances is not made).