A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

The Defendant is the actual representative of Sacheon-si (State)C (hereinafter “instant company”) and is a person who manufactures and sells gas containers using 17 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred.

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay the total amount of KRW 24,340,586 in arrears of eight workers within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, as stated in the attached Table Nos. 3 through 5, 77, and 11, as well as the attached Table Nos. 873,747 of D’s work performed from November 9, 2009 to May 31, 2017.

When a worker retires from office, the employer of the retirement benefits and unpaid retirement benefits shall pay the retirement benefits within 14 days from the date when the ground for such payment occurred, or require the retirement pension trustee under the defined benefit type retirement benefit scheme to pay the full amount of the benefits liable for payment within the scope of the reserve.

Nevertheless, the Defendant paid 12,313,179 won of D’s retirement benefits, which had been served from November 9, 2009 to May 31, 2017, as well as 3 through 5,7,9, and 11, the sum of six employees’ retirement allowances (number 7,11), retirement benefits (number 3, 5, 9), or 61,235,325 won, such as retirement benefits (number 7, 11), or retirement benefits (number 3, 5, 9), within 14 days from the date of retirement without agreement on extension between the parties to the payment date, or did not let the retirement pension trustee pay the benefits.

Summary of Evidence

1. Part of the defendant's statement in court - The defendant himself/herself has made best efforts to manage the company of this case, but he/she is a former spouse, acting as the representative director of the company of this case.