A defendant shall be punished by imprisonment for not less than eight months.

except that 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 Daegu Suwon-gu C (P) and is a user who runs an electronic equipment repair service business with 80 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 the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total of KRW 169,302,646 of the wages of 71 workers as shown in the attached crime list, including KRW 2,242,939 on December 2, 2018, when he/she worked in the above workplace from October 1, 2010 to December 31, 2018, within 14 days from the date of the above retirement without an agreement between the parties on the extension of payment deadline.

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 by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 440,539,813 of the retirement allowances of 71 employees as stated in the separate crime list, including KRW 4,893,840, who were employed in the said workplace from October 1, 2010 to December 31, 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. A complaint;

1. Application of Acts and subordinate statutes to the details of retirement allowances and delayed payment of wages, the details of the calculation of retirement allowances, the payment ledger, and the amount in arrears;

1. Article 109(1) and Article 36 of the Labor Standards Act as to criminal facts, and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.