A defendant shall be punished by imprisonment for four months.

except that 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 representative director of Geumcheon-gu Seoul Metropolitan Government (main) building C, who runs an advertising agency business, etc. using seven full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and 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 is working in the workplace from May 18, 2015 to April 30, 2019.

In addition to the total amount of KRW 11,281,384, including the amount of KRW 2,280,00 in March 2019 and the amount of KRW 11,281,384 in total, the amount of KRW 3,469,00 in wages of two retired workers and KRW 45,112,51 in total, including KRW 41,643,551 in retirement allowances of five retired workers, were not paid within 14 days from the date of retirement without agreement on extension between the parties' payment dates.

Summary of Evidence

1. Defendant's legal statement;

1. The petitioner's statement;

1. A written petition and a written statement on the authenticity list;

1. Application of Acts and subordinate statutes of each letter of calculation of average wages and retirement allowances (F, G, H, E, I);

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment for a violation of the Labor Standards Act againstG, a violation of the Guarantee of Workers' Retirement Benefits Act, and a punishment for a violation of the Act on the Guarantee of Workers' Retirement Benefits; a punishment for a violation of the Act on the Guarantee of Workers' Retirement Benefits against I, E, or H, which is heavier than the Labor Standards Act; and a punishment for a violation of the Act on the Guarantee

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant with reasons for sentencing under Article 62(1) of the Criminal Act is limited to 45 million won in total of wages and retirement allowances.