A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

The defendant is a user who engages in the manufacturing business as the representative director of theC located in Pyeongtaek-si B.

1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the total amount of KRW 32,201,290 to nine workers as indicated in the attached crime list, including KRW 1,600,00,000, of the retired workers D, when working in the above workplace from May 6, 2013 to January 31, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of 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.

Nevertheless, the Defendant did not pay the total amount of KRW 15,92,513 as well as KRW 4,292,554 as well as KRW 15,92,513 to five employees at the above workplace without any agreement between the parties on the extension of the payment date.

Summary of Evidence

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

1. A truth-finding statement;

1. Application of Acts and subordinate statutes on a petition;

1. Article 109 of the relevant Act and Articles 109 (1), 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Guarantee of Retirement Benefits for Workers (which shall not be paid due to retirement);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to a violation of the Labor Standards Act and a violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits, and a violation of the Labor Standards Act);

1. Selection of each sentence of imprisonment;

1. The basic area of the first sentence of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is as follows: The reason for sentencing [the scope of recommended punishment] of Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes (4 months to 8 months).