A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative director of the Corporation C, who is in the Heung-gu B or 702, and is an employer who runs the comprehensive building management business using 175 regular workers.

1. Where an employer in violation of the Labor Standards Act retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the date when the cause for such payment occurred. However, the Defendant worked from D apartment to D apartment on April 2, 2012, and on December 31, 2013, the Defendant did not pay 12,403,961 won in total, including the annual allowances of 615,060 won for retired workers E on December 31, 2013 and the annual allowances of 19 workers, as shown in the attached crime list, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer paid retirement allowances within 14 days from the date when the cause for such payment occurred, but the Defendant did not pay the said employee E retirement allowances totaling KRW 46,102,040 as stated in the separate list of crimes, including KRW 2,327,179, and KRW 46,102,040, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of each written petition, written statement, each certificate of employment, each detailed statement of salary, each average wage and retirement allowance calculation statement, deposit certificate, and deposit certificate under Acts and subordinate statutes;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment with prison labor, respectively;

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