A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 a representative of the D (State) headquarters in the Chungcheongbuk-gun, who ordinarily employs 40 workers and operates a manufacturing business of transformers and voltages.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or 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.

Nevertheless, the Defendant did not pay the amount of KRW 1,200,000 to retired AO’s retirement from his/her workplace from May 29, 2012 to October 22, 2012 as well as the amount of KRW 308,460,328, total amount of wages and annual allowances for 47 retired workers, as described in the detailed statement of money and valuables in arrears in the attached Form, and did not pay the amount of KRW 308,460,328 from the date of retirement without agreement between the parties to the extension of the payment deadline.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and

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

Nevertheless, the Defendant did not pay KRW 7,956,630 of the AP’s retirement allowance retired from his/her service at the same workplace from July 17, 2008 to October 22, 2012, and did not pay KRW 244,731,200 as well as the total amount of KRW 38 of the 38 retirement allowance for each employee in arrears without agreement between the parties concerned regarding the extension of payment date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to Q and R;

1. Each petition, written statement, each benefit ledger, bonus ledger, and each retirement allowance calculation statement;

1. The Act and subordinate statutes stipulate the particulars of personal delayed payment and the investigation report (revision of the Code of Crime).