A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is an employer who runs the manufacturing business of industrial machinery using four regular workers in the trade name of “C” in Daegu-Sast Group B.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from April 11, 2016 to October 31, 2017, 16, 200 won, including the total of 4,700,000 won, such as wages of 2,350,000 won, and the total of 16,30,000,000 won, and the total of 40,000,000 won, including other money and valuables for 3 workers, as shown in the attached crime list, did not pay 16,70,000,000 won, respectively, for each party’s retirement without agreement on the extension of the payment date between the parties concerned.

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

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

Nevertheless, the Defendant, at the above place of business from April 11, 2016 to October 31, 2017, did not pay the total amount of 18,24,260 won of retirement allowances of three employees, as shown in the attached crime list, as well as 3,583,780 won of retirement allowances of retired workers D, and did not pay it within 14 days from the date of retirement, without any agreement on the extension of the payment date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes to each statement of calculation of average wages and retirement allowances, certificate of details of deposit transactions, duplicate copy of passbook, and account transfer statement;

1. Criminal facts;