A defendant shall be punished by imprisonment for not more than ten 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 a person who is a manager of the (ju)C located in B 3th floor at the Namyang-si, Gyeonggi-do, and runs a construction business using six full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all 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 the total of KRW 47,454,00 to 10 workers within 14 days from the date of retirement without agreement on the extension of the payment date between the parties, as shown in the list of crimes in the attached Table, including the sum of KRW 4,200,00 in June 14, 2014 to August 16, 2016, and KRW 4,200,00 in July 2016, and KRW 2,100,00 in August 2016.

(b) When a worker dies or retires, an employer shall pay the retirement allowance 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 50,618,756 won in total to six employees, such as D retirement pay of 8,368,228 won from May 14, 2014 to August 16, 2016 at the same place of business, within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment of money and valuables.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the details of arrears;

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 Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 37 of the Aggravation of Concurrent Crimes Act.