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

The Defendant is a person who runs the “C”, which is an excess located in Suwon-gu, Busan, and is an employer who ordinarily employs five workers and engages in the task.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.

Nevertheless, the defendant is working from October 10, 2015 to June 30, 2018 at the above workplace.

D's wages and retirement allowances of KRW 14,900,00 and retirement allowances of KRW 3,774,499 from July 2017 to June 2018, were not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date, as shown in the attached crime list (detailed statement of personal arrears payment). The parties did not pay KRW 31,554,401 in total for each worker's wages and retirement allowances, E, F, and G, 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. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement of calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to a petition and a complaint;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Labor Standards Act against workers D, the crimes of violation of the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on the crimes of grave violation of the Labor Standards Act);

1. Imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the amount of unpaid wages and retirement allowances by the defendant, the details and process of preventing the defendant from paying wages and retirement allowances.