A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the representative of C in racing-si, who is engaged in the manufacturing business by employing 30 full-time workers.

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;

Nevertheless, the Defendant did not pay KRW 648,720 on March 19, 2016 as wages of KRW 648,720 on March 19, 2016, in total, 5,290,104, including five workers’ wages, etc., within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the date of payment between the parties, as shown in the list of crimes in the attached Table, and did not pay KRW 5,290,104, in total, within 14 days from the date of retirement, which is the date of payment.

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.

Nevertheless, the Defendant did not pay KRW 6,546,066 of E’s retirement pay, which was retired on April 23, 2016, within 14 days from the date of retirement, which was the date of payment, without any agreement on the extension of the date of payment between the parties, and did not pay KRW 29,805,988 in total for five employees, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, which was the date of payment, without any agreement between the parties on the extension of the date of payment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on partial payment of overdue wages, such as each petition, basic outline, etc., details of fact-finding, such as each telephone, Kakao Stockholm, basic outline, copy of passbook, etc.;

1. Articles 109(1) and 36 of the Labor Standards Act for criminal facts (the fact that wages, etc. are not paid) of the relevant Act, and retirement benefits for each worker;