A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

The defendant is a C representative director in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, who runs a construction business with five full-time workers.

When a worker retires, an employer in violation of the Labor Standards Act shall pay wages, compensations, and all other money and valuables within 14 days from the date of the occurrence of the cause for such payment.

Nevertheless, the Defendant, at the above workplace, worked from March 14, 2007 to May 31, 2013, and did not pay the total of KRW 5,326,350 of the wages of retired workers D from February 14, 2013 to May 5, 2013, and did not pay the total of KRW 63,16,309 of the wages of five retired workers within 14 days from the date of retirement without any agreement on the extension of the due date between the parties, as shown in the attached list of crimes.

(b) An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within 14 days from the date of retirement where a worker retires;

Nevertheless, in the above workplace from March 14, 2007 to May 31, 2013, the employee D's retirement pay of KRW 4,590,000 was not paid and the retirement allowance of KRW 33,174,550 was not paid for the total amount of KRW 33,174,550 of the retirement allowance of the retired employee as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police in relation to E, D, and F;

1. Application of each of the Acts and subordinate statutes described in G and H’s written statements;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40, 50 (Offences of the respective Labor Standards Act against D, F, E, and H, and between violations of the Guarantee of Workers' Retirement Benefits Act, and punishment provided for a violation of the Labor Standards Act, the respective circumstances of which are heavier, shall be punished);

1. Selection of penalty: