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 the C representative director of the Co., Ltd. located in B at the time of strike, who is an employer who runs the manufacturing business using 13 full-time workers.

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 had worked from July 1, 201 to June 30, 2017 at the above workplace and had retired workers D's wages of KRW 2,520,00 on February 2, 2016, as shown in the list of crimes in the attached Form D, did not pay the total of KRW 42,840,000 from the date of retirement within 14 days from the date of retirement without 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 14,967,502 won of D's retirement pay to employees employed and retired from 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. Written statements of D;

1. Application of Acts and subordinate statutes, such as average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (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 on the suspension of execution (see, e.g., the confession of the defendant, the payment of 108 million won out of the overdue wages, and the primary charge);