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

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

Criminal facts

The Defendant is the representative of the Ulsan-gun Group B (State)C, who is engaged in the vessel processing business with 50 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, and other money and other valuables, and retirement allowances within 14 days after the cause for such payment occurred.

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

From November 10, 2014 to March 4, 2016, the Defendant did not pay the total amount of KRW 23,802,307 of wages and retirement allowances of eight workers, including KRW 2,903,577 of wages and retirement allowances of workers D, who worked at the aforementioned workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of payment period.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Application of each authentic document, each written statement, and a representative statement which is the said petitioner to Acts and subordinate statutes;

1. The facts constituting the crime: Article 109(1) and Article 36 of the Labor Standards Act; the non-payment of the selective retirement pay for each type of crime: Article 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act; Articles 44 subparag. 1 and 9 of the same Act; and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to four years; and

2. Application of the sentencing guidelines [Types of Determination] Application of the sentencing guidelines [Determination of Types 1 (Determination of the recommended sphere of less than 50 million won) [Determination of the recommended sphere] Basic Field of Violation of the Labor Standards Act [Determination of the recommended sphere] [the scope of punishment] Imprisonment for April to 8 months [whether suspended sentence is suspended] - Major reasons for consideration: negative identical criminal records (within 5 years, suspended sentence or fine not less than 3 times): There are no criminal records of not less than a positive suspension of execution.

3. The total amount of money and valuables, such as unpaid wages, and the record of punishment for violating the same kind of Labor Standards Act at the time of this case, and future.