A defendant shall be punished by imprisonment for not less than eight 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 the representative director of C of a stock company with a building 1208 located in Ansan-si, Seoul, and is the employer who has employed 20 full-time workers.

1. When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed to extend the fixed date, due to special circumstances, within 14 days after the cause for such payment occurred;

From November 6, 2014 to October 5, 2015, the Defendant did not pay the total of KRW 1,190,000,00 of the wages of retired workers D, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties, and without any agreement on the extension of the due date, and without any agreement on the extension of the due date between the parties, the Defendant did not pay the total of KRW 57,795,00 of the wages of 21 retired workers within 14 days from the date of retirement.

2. An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the fixed date.

From May 3, 2014 to June 30, 2015, the Defendant did not pay the retirement allowance of KRW 5,142,157 to retired workers E within 14 days from the date of retirement without agreement between the parties on the extension of the due date, and the Defendant did not pay KRW 21,934,366 in total for three retired workers within 14 days from the date of retirement without agreement on the extension of the due date, as stated in the separate sheet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Details of each money or goods unpaid, each retirement allowance allowance calculated, and each daily pay;

1. Application of statutes on the details of money and valuables in arrears by individual;

1. Article 109(1) and (2) of the Labor Standards Act concerning facts constituting an offense;