A defendant shall be punished by imprisonment for four 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.

Punishment of the crime

The defendant is a person who has operated C in Seo-gu Incheon, and is a user who has run metal equipment manufacturing business using two 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 provided his labor from March 1, 2015 to May 18, 2017 at the same place of business and did not pay the Plaintiff a total of KRW 36,190,580 [3,06,69,690 [3,674,410] x 9 months (from August 1, 2016 to April 2017)] 2,32,580 won (from May 2017) within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

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; and

Nevertheless, the Defendant provided labor from March 1, 2015 to May 18, 2017 at the same place of business, and did not pay KRW 8,790,301 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement and confirmation statement of D (6 pages of evidence records);

1. Investigation report (report on the fixed amount of wages and property in arrears);

1. Labor contract, wage ledger (from January 2016 to May 2017), average wages, and a written statement of calculation of retirement allowances;

1. Application of Acts and subordinate statutes of subparagraph (C) of the transaction statement and business registration certificate by account;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means the payment of wages, etc.);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a person who violates the Labor Standards Act of which the nature of the crime is heavier);

1. Selection of the penalty;