A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is a representative who actually operates Co., Ltd. E in Pakistan and operates a manufacturing business with 350 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.

The defendant is working for the company from October 17, 201 to February 21, 2014.

The amount of wages and retirement allowances of 395 workers, including 1,138,775 won in December 2013, 2013, was not paid within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, as stated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made to G, H and I;

1. Application of Acts and subordinate statutes, such as the details of the delayed payment payment amount, etc. (Evidence List 9);

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [a] Articles 38(1)2, and 50 of the Criminal Act [a] Articles 37(1) and 38(1)2

In this regard, it is argued that there is a reason to deny the responsibility of violating the Labor Standards Act in cases where the employer cannot expect any more lawful act as the employer is more lawful because it is recognized that the employer could not prevent delayed payment of wages or unpaid payment of wages, even though the amount of the contract was received by the employee, the employer could not receive wages from the employee.

A violation of the duty to pay wages, retirement allowances, etc. under Articles 109 and 36 of the Labor Standards Act is committed.