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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The defendant is the representative of Suwon-si B and C in Suwon-si, who employs 11 full-time workers and operates a dental laboratory.

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;

Nevertheless, the Defendant, from May 8, 201 to June 5, 2018, did not pay KRW 1 million of D’s wages on April 2018, 201 to the said workplace, and did not pay KRW 26,851,550,000 from the date of his/her retirement within 14 days from the date of his/her retirement, as stated in the annexed crime list, as shown in the annexed crime list.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 1,804,090 of the retirement allowances of the above D within 14 days from the date of retirement and did not pay KRW 70,082,735 of the total amount of eight employees' retirement allowances from around that time, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution (including the E, F, and G part concerning the defendant's statement);

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement to E, F, H, I, and J;

1. Statement of the police statement of K or L;

1. Each statement of E, F, M, J, I, H, and D;

1. Each complaint filed against K and L;

1. A criminal investigation report (Attachment to a detailed statement of calculation of retirement allowances) and a written statement of calculation of each retirement allowance;

1. Application of Acts and subordinate statutes to each employment contract;

1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;