A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the C representative in the Ssung City B, who is engaged in the manufacturing industry by employing three full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay 600,000 won of D’s wages on July 1, 2019, which worked from February 1, 2006 to July 31, 2019 at the above workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant did not pay KRW 52,484,382 of D retirement pay from February 1, 2006 to July 31, 2019 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. In relation to the crime of violation of the Guarantee of Workers' Retirement Benefits Act as stated in the statement of accounts, the defendant and the defense counsel additionally paid KRW 500,000,000,000 to the average wage which forms the basis for the calculation of the retirement allowance, on the ground that the defendant and the defense counsel asserted that the defendant paid the amount in addition to the wages for the three months prior to his retirement, as it is nothing more than the amount of the welfare expenses unrelated to the labor, and thus, it should be excluded from the average wage which forms the basis for the calculation of the retirement allowance. Accordingly, the evidence duly adopted and examined by this court is examined.