A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of C of a stock company in Gyeonggi-si, who runs the manufacturing business, etc. using five regular workers.

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.

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

Nevertheless, the Defendant is working in the above workplace from January 1, 2017 to August 14, 2019 at the above workplace.

A retired worker D’s wage of KRW 457,780 on February 2, 2019 and KRW 23,915,294, total amount of KRW 83,953,254, and total amount of KRW 83,953,254, as well as KRW 60,037,960 on the total amount of wages of employees D and six other employees D, and KRW 23,915,294 on the date of the occurrence of the cause for the payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement and each written petition;

1. Details of transactions in each passbook;

1. Wage ledgers;

1. Details of the calculation of retirement allowances and arrears;

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

1. A list of the current status of benefits payment;

1. Application of Acts and subordinate statutes to the personal arrears money and valuables;

1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits; and

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

1. Selection of each sentence of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to three years;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of types] shall be limited to the amount of wages, etc. payable (the type 2] 50 million won or more, and the amount of less than 100 million won (the person specially punished).