A defendant shall be punished by imprisonment for not less than eight 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 the Geumcheon-gu Seoul Metropolitan Government Dispute Resolution Co., Ltd., and operates the computer program maintenance business using one full-time worker, while the defendant is the user who operates the computer program maintenance business using 20 full-time workers as the representative director of the Seoul Geumcheon-gu Dispute Resolution Co., Ltd.

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

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

Nevertheless, the Defendant worked from September 1, 2010 to April 19, 2019 at the above place of business, and did not pay KRW 871,740 to H's annual leave allowances within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

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 any cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay the total amount of KRW 145,99,479 (Provided, That the employees received a total of KRW 18,724,90 from December 2019 to January 2020) within 14 days from the date of retirement without an agreement on the extension of the due date between the parties, as stated in the attached list of crimes, including KRW 21,595,975 of the H retirement pay 21,5,975 of the H's retirement pay from September 1, 2010 to April 19, 2019, as well as KRW 145,99,479, as the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the laws and regulations of H to each police statement of I, J, K, L, M, and N;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (the point of payment of wages, etc.) and each of them.