A defendant shall be punished by imprisonment for six 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, as the representative of the Co., Ltd., in the case of Pakistan, is a user who runs the furniture manufacturing business using 11 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;

Nevertheless, the Defendant did not pay the total wages of 56,115,064 of 12 workers within 14 days from the date of retirement, as shown in the attached crime list, including the total wages of 2,272,430 won, retired from the said workplace from August 16, 2017 to May 17, 2018.

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

Nevertheless, the Defendant, while working in the said workplace from December 3, 2013 to June 16, 2017, did not pay KRW 29,328,010 as well as KRW 3,078,10,00,00, in total, of eight employees’ retirement allowances, within 14 days from the date of retirement without an agreement on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, G, H, I, J, K, L, M, or N;

1. Each petition of theO or P;

1. Application of Acts and subordinate statutes to each statement of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 62(1) of the Criminal Act (a favorable consideration among the reasons for sentencing below) are about 8. The amount of wages and retirement allowances that the defendant has not paid to the workers.