A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

The defendant, as the representative of the C industrial company located in Heak-gu Seoul Metropolitan City, is an employer who runs automobile maintenance business using seven full-time workers.

1. An employer in violation of the Labor Standards Act shall pay wages within 14 days after the cause for such payment occurred, in case where a worker retires;

From November 2, 2015 to January 8, 2016, the Defendant did not pay 26,237,480 won to retired workers as well as 1,50,000 won on December 2, 2015, for retired workers D, within 14 days from the date of his/her retirement, as described in the list of crimes in the attached Table, without any agreement between the parties on the extension of the payment date.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

From December 1, 2009 to January 10, 2016, the Defendant worked in the said workplace and did not pay the amount of KRW 21,647,039,00 from the date of retirement to December 1, 2015, including the amount of KRW 14,95,325, and the amount of KRW 21,647,039, as well as the amount of KRW 6,691,714, which were paid to retired workers at the said workplace from June 1, 2014 to December 1, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to G, D, E, and F;

1. Articles 109(1) and 36 of the Labor Standards Act for the facts constituting an offense, and Article 44 Subparag. 1, Article 44 of the Guarantee of Retirement Benefits for each worker, Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits, and the choice of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more;