A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is the representative of the Bupyeong-si Building B and the Dispute Resolution Co., Ltd. and is a person who runs a medical device wholesale and retail business using one full-time worker.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Defendant (i) worked from January 5, 2015 to August 25, 2017 at the same place of business and retired from the said place of business from May 2017, 2017; (ii) wages of KRW 2,000,000 on June 6, 2017; (iii) wages of KRW 2,000,000 on July 7, 2017; and (iv) wages of KRW 2,00,000 on August 8, 2017; and (iv) did not pay KRW 8,00,000,000 within 14 days from the date on which the cause for payment occurred without any agreement between the parties on the extension of the payment date.

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.

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

Defendant 1 worked from January 5, 2015 to August 25, 2017 at the same place of business and did not pay KRW 5,167,362 of E’s retirement pay from retirement pay to retired from the said place of business within 14 days from the date of occurrence of the relevant payment cause without an agreement between the parties on the extension of the payment date.

Summary of Evidence

1. The defendant's legal statement (the date of the first public trial shall be the date);

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes to inquiry into history of the insured, inquiry into business registration certificate, average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Reasons for sentencing alternative to imprisonment with prison labor - The defendant shall appear on the date of the first trial.