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 representative of C in the Gyeonggi Yang-si, who is a full-time worker in B and operates a public enterprise by using 24 workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant did not pay KRW 20,981,230 of the wages of five workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment deadline, as shown in the attached Form, including D’s wage of KRW 2,520,00 in September 1, 2015, and wage of KRW 90,00 in October 2015, which had worked at the above workplace from July 1, 2015 to September 11, 2015.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the Defendant did not pay KRW 2,290,737 of E’s retirement pay from July 5, 2014 to August 15, 2015 at the same place of business within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E, F, G, D, and H;

1. Application of statutes governing the determination of average wages and retirement allowances, details of unpaid wages, and written confirmation of settlement of accounts of monthly wages;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;