A defendant shall be punished by imprisonment 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 is the employer who employs 12 full-time workers as the representative of corporation C in North-gu B at port and port.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall 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 30,121,640 won, total of 10 workers’ wages and 4th premiums, as shown in the attached Table, as well as 30,121,640 won, within 14 days from the date of retirement, to April 30, 2017, as well as 1,548,200 won, of workers D who retired from the Defendant’s workplace from office from around April 1, 2016 to around April 30, 2017.

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

Nevertheless, the Defendant did not pay KRW 40,400,854 in total, nine employees as shown in the attached Table, including KRW 5,194,520, who retired workers D’ retirement pay from the said workplace from April 1, 2016 to April 30, 2017, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes governing the details of confirmation, such as the details of payment and retirement allowance settlement, calculation of retirement allowance, telephone, etc.;

1. Relevant legal provisions concerning facts constituting an offense and the fact that the employer is not entitled to selective wages, etc.: Article 109 (1) or 36 of the Labor Standards Act (Selection of Imprisonment with labor): Article 44 subparagraph 1 or Article 9 of the Act on the Guarantee of Workers' Retirement Benefits;

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. Under Article 62(1) of the Criminal Act, the instant unpaid wages are unfavorable to the reasons for sentencing (the circumstances favorable to the reasons for sentencing as set forth below).