A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant is a business owner who engages in electronic components manufacturing business using 25 full-time workers under the trade name, "C," in Changwon-si, Mapo-si, Changwon-si.

1. 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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the foregoing workplace from September 1, 2013 to July 13, 2016, did not pay KRW 10,127,612 in total, including the difference of wages below the minimum wage rate of retired workers D, 1,251,509, annual allowances of 2015 to 2016, and annual allowances of 1,393,200, as indicated in the attached crime list, without any agreement between the parties on the extension of the due date, within 14 days from the date of the retirement, which is the date of the occurrence of the cause for the payment.

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 any 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 the total amount of KRW 26,221,904 as well as KRW 2,657,510 of the retirement allowances of employees D, who were employed in the said workplace as above, and retired from the said workplace, within 14 days from the date of retirement, which is the date when the cause for payment occurred, without agreement between the parties on the extension of the payment date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute prepared by D, E, or F;

1. Payment of wages, etc. under Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts