A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative director of Gangseo-gu Seoul Metropolitan Government (ju), B and B-802, who runs the wholesale and retail business of automobile parts using four full-time workers.

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

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

From April 27, 2015 to May 31, 2017, the Defendant worked as the head of the E business headquarters from the logistics warehouse located in Kimpo-si, Kimpo-si to the head of the E business, and the retired FF’s wages of KRW 3,50,00 on November 1, 2016, as shown in the attached crime list, did not pay KRW 49,254,620 of the total wages of two retired workers within 14 days from the date on which the grounds for the payment occurred without agreement on the extension of the payment deadline between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

The Defendant worked as the head of the E headquarters from April 27, 2015 to May 31, 2017 at the logistics warehouse located in Kimpo-si, Kimpo-si as the head of the E headquarters, and did not pay 16,189,038 won, including 7,493,478 won of retired FF’s retirement pay as stated in the attached crime list, within 14 days from the date on which the grounds for payment occurred, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Application of each payment letter, a source collection receipt of retirement income, a source collection receipt of wage and salary income, and the Acts and subordinate statutes governing retirement allowance settlement;

1. Articles 109(1) and 36 of the Labor Standards Act (which shall not be paid of wages) for facts constituting an offense.