A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of Gangnam-gu Seoul and D Co., Ltd. with the fourth floor who has been engaged in real estate implementation and development business by using three full-time workers. When a worker retires, the employer shall pay wages, retirement allowances, and all other money and valuables within 14 days from the time when the ground for such payment occurred, and when the worker intends to dismiss the worker, he/she shall give the advance notice at least 30 days prior to the dismissal, and when the worker has not given the advance notice at least 30 days prior to the dismissal, he/she shall

1. The Defendant who violated the Labor Standards Act and the Act on the Guarantee of Retirement Benefits of Workers on the grounds of overdue payment of wages did not pay KRW 58,815,177 and retirement allowances of workers E who were retired from the said workplace from August 1, 2013 to July 31, 2014 to KRW 8,337,90, and KRW 20,970,920 of workers who were retired from the said workplace from the said workplace from October 7, 2013 to July 31, 2014; and the Defendant did not pay KRW 22,38,340 on the total of wages of workers who were retired from the said workplace and paid KRW 102,174,437 and KRW 937,937 of the total of wages of workers who were retired from the said workplace on the agreed date without the agreement between the parties concerned; and

2. A defendant who violated the Labor Standards Act by reason of non-payment of the pre-employment allowance shall have worked at the immediately preceding workplace around July 26, 2014;

E and F notified the dismissal of E and F as of July 31, 2014, and did not pay KRW 8.5 million for E’s pre-employment allowance, and KRW 4 million for F’s pre-employment allowance.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the fourth public trial protocol;

1. A protocol concerning the examination of the suspect of the accused;

1. Each police statement made with respect to G, E, and F;

1. Application of Acts and subordinate statutes to the statement of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (a violation of obligation to liquidate money or goods) of the relevant Act.