A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of C Co., Ltd., who is in the racing-si, and is an employer who runs a manufacturing business using 15 full-time workers.

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;

Nevertheless, the defendant works in the above workplace.

On August 31, 2018, workers D’ wage of KRW 3,604,870 as well as KRW 89,391,362 of the total wage of 12 workers as stated in the attached crime list, were not paid within 14 days from the date of each retirement.

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 did not pay 52,039,051 won in total, including 6,581,076 won of retirement allowances of retired workers D on August 31, 2018 at the above workplace, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint - The representative selection and appointment of workers, C complainants list, details of money and other valuables in arrears, average wages and retirement allowances calculation statement, wage ledgers, application of Acts and subordinate statutes on commuting cards;

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 sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence is based on 12 employees, and the amount of unpaid wages and retirement allowances exceeds 140 million won in total.