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

Punishment of the crime

1. The Defendant is the representative of (main) C in the third floor of Seocho-gu Seoul Metropolitan Government, who ordinarily employs 40 workers and operates software development business.

2. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 works in the above workplace from February 1, 2007 to February 29, 2016.

A total of KRW 15,900,000, as shown in the attached Table of Crimes, including the fact that a retired D’s wage of KRW 5,300,000 in December 2015 was not paid within 14 days from the date of retirement without an agreement between the parties concerned, and did not pay it within 14 days from the date of retirement without an agreement between the parties concerned.

3. 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 any cause for such payment occurred; and

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

Nevertheless, the defendant works in the above workplace from February 1, 2007 to February 29, 2016.

The retirement allowance of 47,621,014 won was not paid within 14 days from the date of retirement without an agreement between the parties, and the total of 16 retirement allowances of 189,327,405 won was not paid within 14 days from the date of retirement without an agreement between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A petition, letter of complaint, power of attorney, etc.;

1. Application of statutes to data concerning the calculation of average wages and retirement allowances;

1. Articles 109(1), 36(1), and 109(1), and 36 of the Labor Standards Act for criminal facts, respectively.