A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is the actual manager of the BC located in Scheon-si (State) and is an employer who operates a manufacturing company using ten full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay 56,00,000 won in total as stated in the list of crimes in the attached Form, including the failure to pay the wages of 2,00,000,000 won in April 1, 2014, which was worked at the above workplace from June 1, 2010 to August 14, 2016 at the above workplace, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the defendant did not pay 12,286,88 won of D's retirement pay, which was worked from June 1, 2010 to August 14, 2016 at the above workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the petitions and written statements of DNA preparation;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Labor Standards Act of which the nature of the crime is heavier);

1. The crime of this case on the ground of the sentencing of selective imprisonment with prison labor is the case where wages of 56,00,000 won and retirement allowances of 12,286,888 won are not paid to the employees employed by the defendant within 14 days from the date of retirement.

Within 14 days from the date of the worker's retirement.