A defendant shall be punished by imprisonment with prison labor for up to 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 is an employer who operates a restaurant with four full-time workers in Michuhol-gu Incheon Metropolitan City “C” and four 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, from October 4, 2014 to August 29, 2019, the Defendant provided labor to the said workplace and did not pay KRW 19,827,909 of the retired workers D wages within 14 days from the date of his/her retirement without an agreement on the extension of the due date between the parties, as stated in the attached list of crimes, and did not pay KRW 45,829,567 for three workers within 14 days from the date of his/her retirement without any agreement on the extension of the due date between the parties.

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, from October 4, 2014 to August 29, 2019, the Defendant provided labor to the said workplace and did not pay KRW 7,840,364 of retirement allowances to four employees within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as described in the attached list of crimes, and did not pay KRW 20,663,572 to four employees within 14 days from the date of retirement without agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer in relation to E, F, D, and G;

1. Details of account transactions, confirmation of fact of service, date of service, and details of calculation of wages;

1. Application of statutes of Part IV to the calculation statement of average wages and retirement allowances, and the difference between minimum wages;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act.