A defendant shall be punished by imprisonment for six 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 the representative of Kim Jong-si B (B)C, who runs a manufacturing business with 13 full-time workers.

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, and may extend the due date by mutual agreement between the parties concerned in exceptional circumstances; and

Nevertheless, the Defendant did not pay the amount of KRW 4,86,836 in total, 1,77,731, and 14 days from the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date for payment, of annual paid leave allowances, which occurred on September 1, 2017, among the employees D who worked in the workplace and retired from the workplace from September 1, 2019 to January 21, 2019, including the annual paid leave allowances, which occurred on September 1, 2017.

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 in special circumstances, extend the date of payment by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 30,989,988 of the retirement allowance D of the said retired worker within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of payment.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of the Acts and subordinate statutes to the petitioner, substitute protocol, labor contract, statement of salary for the four months immediately preceding the retirement, statement of the respondent, details of commuting to and from work of the petitioner, and statement of calculation of the genuine retirement allowance;

1. Article 109(1) of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019) on criminal facts.