A defendant shall be punished by imprisonment for six months.

However, 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 the Dispute Resolution Co., Ltd. in Gyeongbuk-gun, and is an employer who runs a construction business using eight 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;

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

Nevertheless, the Defendant had worked from June 27, 2013 to February 28, 2018 at the above workplace and had retired workers D's wages of KRW 4,50,000 as well as KRW 6,114,285 in total of three workers, as shown in the attached crime list, was not paid within 14 days from the date of retirement, without any agreement on the extension of payment period between the parties concerned.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from June 27, 2013 to February 28, 2018 at the above workplace, and had not paid 35,927,090 won, including 21,057,530 won of retirement allowances of retired workers D and 35,927,090 won, respectively, within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written calculation of average wages and retirement allowances;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 16270, Jan. 15, 2019); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 16270, Jan. 15, 201) regarding criminal facts.