A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is an employer who employs seven full-time workers under the trade name of Changwon-si Masan-si C from Changwon-si and is engaged in sanctions 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 KRW 5,064,60,00 from the date of retirement to June 14, 2016, in total, KRW 1,688,20 each year from September 3, 1979 to June 14, 2016, for the employees E retired from office, to KRW 1,68,200 each year from September 2014 to the year of 2016, without any agreement on the extension of the payment period between the parties.

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 KRW 76,413,407 of E's retirement pay to retired workers who worked in the above workplace within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by special judicial police officers to E;

1. Application of a detailed statement of benefits, and statutes governing bonus ledger and bonus ledger;

1. Relevant Article of the Act on Criminal Facts, Articles 109(1), 36 of the Act on the Standards for Selective Labor, and Articles 44 subparag. 1 and 9 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 Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (the crime of this case is against the crime of this case, and 3.0 of the unpaid money and valuables.