A defendant shall be punished by imprisonment for six 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 a representative director of C (State) who has its head office in Chungcheongnam-do, Chungcheongnam-do, and runs a construction business by employing 18 full time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred, unless the parties have agreed to extend the due date for payment;

Nevertheless, the defendant worked for the business from July 7, 2007 to August 11, 2017 under the Gyeonggi-gu building D, Sung-gu, Sungnam-gu, Gyeonggi-si, and he did not pay 23,351,650 won in total for three workers within 14 days from each retirement date without any agreement on extension of payment date between the parties, as stated in the list of crimes in the attached Table, including the sum of 2,616,156 won in July 2017, and 3,097,236 won in August 2017.

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

Nevertheless, the defendant employed in the above workplace from July 7, 2007 to August 11, 2017 and did not pay 86,504,621 won in total for three employees, as shown in the list of crimes in the attached Table, as well as 41,709,676 won in E's retirement pay from July 7, 2007 to August 11, 2017, respectively, within 14 days from each retirement date without any agreement on the extension of payment date between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Each authenticity of E, F and G;

1. Application of Acts and subordinate statutes to a statement of calculation of each retirement allowance and average wage;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) of the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for Workers (a point of payment of unpaid wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;