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 of the final judgment.

Punishment of the crime

【2014 Highest 743】 The Defendant, as the representative of D Co., Ltd. in Kuju-si, employs 74 full-time workers and operates automobile parts manufacturing business.

When a worker retires, the employer shall pay the wages, retirement allowances, and other money or valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay the amount of KRW 1,412,80 and retirement allowances of KRW 15,813,91 of the retired workers E, who were employed in the said workplace from April 28, 2008 to August 31, 2013, within 14 days from the time when the cause for payment occurred without an agreement on extension of the due date between the parties concerned, and did not pay the total of KRW 15,212,080 and the total of KRW 144,081,116 of the wages of 14 workers as shown in attached Table 1 of the Crimes List of Crimes.

【2014 Highest 844】 The Defendant did not pay KRW 66,80, and retirement allowance of KRW 14,094,760 as well as KRW 2,227,780 in total of workers F and G wage, and KRW 19,612,50 in total of workers H and F retirement allowance, as shown in the attached Table 2 of the Crimes List 2, including the fact that the cause for the payment occurred without any agreement on the extension of the due date between the parties to the payment, within 14 days from the time when the cause for the payment occurred without any agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of each authentic document, written statement and fact-finding certificate;

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. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.