A defendant shall be punished by imprisonment for four 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

The defendant is the actual representative of the C Co., Ltd. in Kim Sea-si B and is the employer who runs the construction business by using eight full-time workers while performing the new construction of E in Kim Sea-si D.

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;

Nevertheless, the Defendant provided labor at the construction site from August 17, 2015 to September 8, 2015 and did not pay KRW 10,000 of the retired workers F as wages of August 8, 2015, and KRW 990,000 of the retired workers on September 2015 without agreement on the extension of the payment period between the parties, within 14 days from the date of retirement, which is the day of payment, as shown in the list of crimes in the attached Table, and did not pay KRW 35,650,000 in total for eight workers within 14 days from the date of retirement, which is the day of payment, without agreement on the extension of the payment period between the parties.

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

Nevertheless, the Defendant provided labor at the construction site from July 4, 2015 to February 18, 2017, and did not pay KRW 4,398,150 of G retirement pay to retired workers within 14 days from the date of retirement, which is the day of payment, without agreement between the parties on the extension of the payment period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Part G, H, and I of the second police interrogation protocol (Evidence No. 7 of the evidence list) against the defendant

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes, such as a statement of retirement allowances;

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