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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is a representative director of C (State) located in Asan City, who runs a construction business with ten full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant, at the above workplace from April 21, 2016 to June 30, 2020, did not pay the total amount of KRW 51,617,340 of the money in arrears of two retired workers as stated in the attached crime list, as well as KRW 700,00 of the wages of the retired workers D, July 2017, as well as KRW 51,617,340, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date.

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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the retirement allowances of 24,342,802, including the above D retirement allowances of 18,776,973 won, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment due date, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each written complaint and each written confirmation of facts of E and D;

1. Application of Acts and subordinate statutes to each wage ledger, each average wage and retirement allowance calculation statement, each wage and retirement allowance calculation statement, work site, details of non-payment of each benefit, detailed investigation into details of transactions, bonus ledger, and details of arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a violation of the obligation to liquidate money and other valuables), respectively.