A defendant shall be punished by imprisonment with prison labor 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 person who is the actual manager of C located in Scheon-si, and is an employer who operates a furniture manufacturing enterprise with four full-time 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 7,004,313 won in total of two workers as indicated in the list of crimes in the attached Table, including the failure to pay the wages of KRW 1,80,000 in July 2, 2017 to the employees D of Myanmar who had worked in the said workplace from August 22, 2014 to August 19, 2017 at the said workplace, within 14 days from the date of retirement, although there was no agreement between the parties on the extension of the payment date.

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 4,536,372 of retirement allowances of Myanmar employees D, who had worked in the said workplace from August 22, 2014 to August 19, 2017, and did not pay KRW 9,943,628 of the total retirement allowances of two workers within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment deadline, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Written statements in relation to D and G preparation;

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

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for each Workers, as to facts constituting an offense.

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

1. Punishment;