A defendant shall be punished by imprisonment for six 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 of "2016 Highest 5759" is an employer who has operated "C Co., Ltd. (Seoul Office)" on the 3rd floor of Gangnam-gu Seoul Metropolitan Government B building and has operated a construction business.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, from April 25, 2014 to February 29, 2016, the Defendant, as a person employed by the pertinent workplace, did not pay KRW 6,44,190 in January 2016, as well as KRW 6,44,190 in February 6, 2016, monthly wage of KRW 6,44,190 in retirement pay, KRW 11,803,838 in total, KRW 24,692,218 in payment due to a cause for payment, within 14 days from the date of retirement, which is the date of occurrence of the cause for payment.

The defendant of the 2016 Highest 9492 is an employer who employs 10 full-time workers while operating the C stock company on the second floor of Osan-si E in order to engage in construction business.

From September 30, 2015 to June 17, 2016, the Defendant did not pay KRW 11,486,642, total amount of wages and retirement allowances of 3 workers within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, and did not pay KRW 47,066,714 in total, including three workers’ wages and retirement allowances, within 14 days from the date of retirement, as shown in the separate crime list.

Summary of Evidence

"2016 Highest 5759"

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. D's petition "2016 Highest 9492";

1. Statement of the defendant in the fourth public trial record;

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

1. Application of the respective Acts and subordinate statutes of G, H and F;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits for each Workers;

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

1. Selection of penalty: