A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the actual manager of the (ju) C of the building No. 303 in Gangwon-do, and is an employer who operates a manufacturing company using four full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay KRW 23,512,698 in total wages and KRW 637,920 in the annual leave allowances as shown in the attached Table of Crimes, as shown in the attached Table of Crimes, even though there was no agreement between the parties on the extension of the payment date, within 14 days from the date of retirement, even though the parties did not agree on the extension of payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay the amount of KRW 2,461,237 of the retirement allowance of E, which was worked at the (State) C branch office located on the 1st underground of the Gyeonggi-ri-si, from January 2, 2014 to June 30, 2015, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on labor contracts, annual salary contracts, details of unpaid wages, and details of account transactions;

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 Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

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

1. Selection of each sentence of imprisonment;

1. The amount of unpaid retirement allowances and wages, etc. for the reason of sentencing under Article 62(1) of the Criminal Act, and three times the same criminal records.