A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

The defendant is the representative of the D Company in Geumcheon-gu Seoul Metropolitan Government, who is a user of software development business using one full-time worker.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and when the worker retires, he/she shall pay the retirement allowances within 14 days after the cause for such payment occurred.

The Defendant did not pay KRW 48,791,653 of the retired worker E, retirement allowance, 8,356,534 of the retirement worker E, who retired while working in the said workplace from October 13, 2014 to September 15, 2017, 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. E’s authentic statement and written statement;

1. A contract for employment of annual salary, and a ledger of wage and salary;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant legal provisions concerning criminal facts, Articles 109 (1) and 36 of the Labor Standards Act on the Selection of Punishment, and Articles 44 subparagraph 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

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

1. To the extent that the overdue amount of the reasons for imposing the alternative sentence of imprisonment with prison labor is not yet recoverable to the victim, in fact, the victim is missing for a considerable period of time due to escape and is going through service by public notice, etc.