A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative of C located in B at Jeju and is an employer who runs a construction business using five full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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 did not pay the total amount of KRW D’s wages of April 1, 2019, KRW 1,600,000, and KRW 130,000 on December 12, 2017, which he/she worked from July 18, 2017 to January 29, 2019; KRW 3,000,000 on March 3, 2018; KRW 3,00,000,000 on June 3, 20,00, and KRW 3,00,000,000 on June 3, 200, and KRW 3,00,000 on August 3, 2018; KRW 3,00,000 on wage of KRW 3,00,000 on October 3, 200; and KRW 3,000,00 on wage of KRW 3,018; and KRW 3,010.30.5.2

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

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 4,510,720 of E’s retirement pay from July 18, 2017 to January 29, 2019 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of payment date of money and valuables.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of respective Acts and subordinate statutes of E, D, and F;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 Subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.