A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a C representative in Kimpo-si B, who runs a manufacturing business with seven regular workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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, in the foregoing workplace, from March 10, 2015 to June 30, 2015, and served as a retired worker D’s wages of KRW 11,838,709, as well as KRW 22,088,709, and KRW 26,100,522, including three workers’ retirement allowances, did not pay each of them within 14 days from the date of retirement, without any agreement on extension of the payment date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A written calculation of average wages and retirement allowances;

1. Application of each relevant statute;

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

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

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that there is no attached power, the fact that the payment of wages seems to have been caused due to the aggravation of business management, the confession of crimes, and