A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

The defendant of "2017 Godan1608" is a user who runs a construction business with 100 full time as a representative director G (main) located in Mapo-gu Seoul Metropolitan Government.

When an employee retires, the employer shall pay the retirement allowance within 14 days from the date on which the cause for such payment occurred, but the accused is working from February 28, 2014 to September 5, 2015 at the above workplace.

The retirement allowance of H, as described in attached Form 1, did not pay 34,057,040 won in total, 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 the due date, as well as 6,327,527 won.

The defendant of "2017 Godan2821" is a user who runs a construction business with 100 full-time employees, who are the representative director G (main) located in Mapo-gu Seoul Metropolitan Government.

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

Nevertheless, the Defendant, while working in the foregoing workplace from October 6, 2014 to April 5, 2017, did not pay KRW 4,153,961 in total, including KRW 3,665,261 in March 2017, and KRW 488,70 in April of the same year, within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties to the extension of the payment period.

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

Nevertheless, the Defendant, at the above workplace from October 6, 2014 to April 5, 2017, worked in the workplace and was retired workers I’s retirement allowance of 10,031,950 won, as well as 1,3,5,6,6,8,10,890 won in total, 96,50 won in the attached Table 2 of the daily list of crimes, without any agreement between the parties on the extension of the payment date.