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 an employer who employs workers while running a business related to the manufacture of metal products and the test as the representative director of C, a stock company located in Manyang-gu Seoul Metropolitan City B.

[2019 Highest 445] When a worker dies or retires, the employer shall pay the worker money and valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the total amount of wages from June 2016 to March 16, 2018, as well as KRW 44,558,516 and retirement allowance of KRW 11,517,779, which was an employee who had worked in the said workplace from May 1, 2015 to March 16, 2018, within 14 days from the date of retirement without extending the due date under an agreement between the parties to the labor contract.

[2019 Highest 471] When a worker dies or retires, the employer shall pay the worker money and valuables, such as wages and retirement allowances, within 14 days after the cause for such payment occurred.

Nevertheless, from May 30, 2017 to June 17, 2017, the Defendant did not pay the total of KRW 2,380,000 from May 2017 to June 2017, G workers who worked for day-time work at the Fchill E remodeling site in Gangwon-si, Gangwon-si, without agreement on the date of payment.

Summary of Evidence

[2019 Highest 445]

1. Defendant's legal statement;

1. Statement made by the police with D (2019 order471);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 109(1) and Article 36 of the Labor Standards Act (each point of payment of wages), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

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. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Social Service Order Act

1. The alleged Defendant agreed to pay KRW 500,00 to the victim G on January 2019, and the victim G is the Defendant.