A defendant shall be punished by imprisonment for six 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 of the “C” in South-gu, South-gu, and is an employer who operates manufacturing business with 10 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

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

Defendant 2, “200 Highest 2638”, Defendant 2, at the E plant located in Ulsan-gun, Ulsan-gun, Ulsan-gun, a working site at the said workplace, did not pay KRW 11,375,00 of the wages of the retired employee F, as well as KRW 34,971,00 of the total wages of KRW 34,971,00 and KRW 5,798,630 of the G retirement allowances of workers No. 6 of the number of employees, as stated in the attached Table, 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.

The Defendant, from June 5, 2017 to November 1, 2018, did not pay KRW 7,195,890 of the retirement allowances of G that was employed by the said company and retired from office within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

From November 25, 2019 to March 25, 2020, the Defendant did not pay KRW 5,600,000,00 from the date of retirement within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline between the parties concerned.

Summary of Evidence

1. Application of the Defendant’s legal statement G, each police statement F, I, and J’s respective written statements or written petition, business registration certificate, details of arrears, worker attendance book, and labor contract law applicable;

1. Article 109(1) and Article 36 of the Labor Standards Act (a point of payment of wages) for facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Retirement Benefits of respective Workers (a point of payment of retirement wages) of the same Act.