A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the actual manager of C Co., Ltd. in Chuncheon-si, who runs mining business using 9 to 13 full-time workers.

1. 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 15,346,205 of the wages of two workers within 14 days from the date of retirement, as shown in the attached crime list, as well as the amount of KRW 3,00,000 in December 28, 2015, working in the above workplace from August 27, 201 to February 28, 2016, as well as the amount of KRW 15,346,205, as in the attached crime list.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 22,018,117 in total for two employees as well as KRW 13,536,982 of D retirement allowances, who worked in the said workplace from August 27, 2011 to February 28, 2016, within 14 days from the date of retirement where the grounds for payment occurred without an agreement on the extension of the payment deadline between the parties, as shown in the attached crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of Acts and subordinate statutes to the benefit ledger (from November 2015 to February 2016) and the retirement allowance calculation statement;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to facts constituting an offense, as well as subparagraphs 1 and 9 of Article 44 of the Guarantee of Retirement Benefits of respective Workers Act (which currently remains unpaid);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (Article 40 and Article 50 of the Labor Standards Act for D, the violation of the Labor Standards Act for D, the violation of the Workers' Retirement Benefit Security Act, and the E.