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 a user who engages in the manufacturing business by employing 20-30 full-time workers in the (State)C located in the racing-si.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 1,130,625 on January 1, 2016, when working in the above workplace and retired on April 1, 2016, within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the date of payment between the parties, and did not pay KRW 11,059,309 in total for five workers, as shown in the list of crimes in the attached Table, without agreement on the extension of the date of payment between the parties.

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.

Nevertheless, the defendant did not pay KRW 6,404,133 of E's retirement pay within 14 days from the date of retirement, which is the day of payment, without agreement between the parties on the extension of the due date of payment, and did not pay KRW 15,334,79 in total for four employees, as shown in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to F;

1. Application of the relevant statute to inquire into the details of transactions of deposits and withdrawals, including each accusation letter (E, D, G/H, I), each delegation of powers, each basic outline, etc.;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense; Article 44 subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes