A defendant shall be punished by imprisonment with prison labor 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 an employer who is engaged in automobile parts manufacturing business using 12 full-time workers in Busan-gun B with the trade name of “C”.

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

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

Nevertheless, the Defendant did not pay KRW 59,65,588 in total amount of money and valuables of two workers within 14 days from the date of retirement, as stated in the details of the attached money and valuables in arrears, including KRW 18,711,630 in total, such as wages of KRW 3,368,605, October 15, 2017, which had worked from February 15, 2017 to April 30, 2018, including KRW 1,268,140 in year-end refund in 2017, and KRW 19,979,770 in total, money and valuables in arrears.

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

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

Nevertheless, the Defendant, as well as D retirement pay 4,368,605 won, working from February 15, 2017 to April 30, 2018, did not pay 16,60,69 won in total for two employees as well as 16,60,69 won in arrears as the details of the money and valuables in arrears in attached Form, within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes, such as withholding receipts for wage and salary income and account transaction details;

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

1. The Commercial Concurrent Crimes Act.