A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

The Defendant, as the representative of the “C” located in Spocheon-si B, is an employer who operates a manufacturer of motor vehicle parts using six full-time workers.

1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;

Nevertheless, the Defendant had worked from September 1, 2009 to February 29, 2016 at the above workplace and had not paid the total of KRW 20,000,000 in D’s wages in May 2015, as stated in the attached Table, including the fact that the Defendant had paid KRW 41,50,000,000 to three workers’ wages, as stated in the attached Table, even though there was no agreement between the parties on the extension of the payment date, it did not pay it within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of payment date.

2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;

Nevertheless, the defendant worked in the above workplace from September 1, 2009 to February 29, 2016, and did not pay KRW 14,145,836 of retirement allowances of retired D, and did not pay KRW 29,083,904 in total for three employees within 14 days from each retirement date, even though there was no agreement between the parties on the extension of the payment date, as stated in the attached Table.

Summary of Evidence

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

1. Statement made by the police with respect to D, E, and F;

1. Application of Acts and subordinate statutes on the details of arrears, average wages and retirement allowances, and transaction by passbook;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, Articles 109 (1) and 36 of the Act on the Standards for Selective Labor, Article 44 subparagraph 1, and Article 9 of the Guarantee for Retirement Benefits of Workers (which refers to the payment of unpaid wages), and the choice of imprisonment, respectively;

1. Aggravation concurrent crimes;