A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant is an employer who ordinarily employs 30 workers under the trade name of “D” in C at the time of macroscoping, and operates a shipbuilding machinery and equipment business.

1. If a worker retires from office, the employer in arrears of wages shall pay the wages, compensations, and all other money and valuables within 14 days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, from January 5, 2018 to October 31, 2018, the Defendant has been in charge of painting at the place of business.

The retired E’s wages of KRW 107,523,215, including KRW 4,885,950 in October 2018, were not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date, as shown in the attached list of crimes.

2. Where a worker retires from office, the employer in arrears of a retirement allowance shall pay the retirement allowance within 14 days from the time when the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, from April 1, 2016 to October 31, 2018, the defendant works as the head of the machinery management office in the above place of business.

The retirement allowances of retired FF, including part 9,930,450 won, did not pay 40,495,729 won in total for eight employees within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A detailed statement of individual’s unpaid money or goods;

1. An average statement of wages and retirement allowances;

1. Benefit ledger;

1. Application of Acts and subordinate statutes certifying the closure of business;

1. Each worker's retirement benefits under Articles 109(1) and 36 of the Labor Standards Act as to facts constituting an offense and under Articles 109(1) and 36 of the same Act.