A defendant shall be punished by imprisonment for one year.

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 a person who serves as the representative director of (ju) E in Nam-gu, Nam-gu, and is a person who ordinarily employs forty workers and operates hotel business.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 71,318,888 won, such as wages of 28 retired workers, annual leave allowances, and business suspension allowances, such as wage of 29,318,888 won on February 13, 2016, including wage 2,405,770 won, which was retired on March 13, 2016.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay 124,878,308 won in total, including 4,872,800 won of retirement allowance of FF retired on December 1, 2015, for the retirement allowance of 31 retired workers, as shown in the list of crimes in the attached Table (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G, H, I, J, K, and L;

1. Each written petition, each written statement, and each written statement confirmation;

1. Application of the detailed statement of payment of benefits for temporary use, and the transfer specification statutes;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes