A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 Seo-gu Incheon Metropolitan City D and is a user who runs a construction business using ten full-time workers.

1. Violation of the Labor Standards Act;

(a) An employer unpaid wages shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay 42,620,000 won, including 1,00,000 won in March 2016, 2016 of the retired workers E, who were employed in the said workplace from June 17, 2013 to June 30, 2016, including 42,620,000 won in total for wages and annual leave allowances not to be used by the employees, within 14 days from the date of each retirement.

(b) When an employer who has not paid the pre-paid allowance for dismissal intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and when he does not do so 30 days prior to the dismissal, he shall pay the ordinary wages for at least 30 days.

Nevertheless, the Defendant did not pay the total of KRW 9,800,000 for three workers’ pre-employment allowances, as shown in the list of crimes in the attached Form, including KRW 2,700,000 corresponding to the portion of ordinary wages for 30 days while dismissing workers E who retired from the above workplace for the above period of time during the above paragraph (a).

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 did not pay the total amount of KRW 19,155,941 as well as the total amount of KRW 9,361,393 of the retirement allowance E of retired workers who worked in the above workplace for the period under Paragraph 1(a) within 14 days from the date of each retirement, as shown in the list of crimes in the attached crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of E;

1. Article 109(1) and (2) of the Labor Standards Act concerning facts constituting an offense;