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 the representative of D Co., Ltd. located in the first floor of Gangnam-gu Seoul Metropolitan Government C building, who employs seven full-time workers and operates restaurant business.

1. An employer who has violated the Labor Standards Act shall pay wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred if a worker dies or retires: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant did not pay the total of KRW 22,655,940 for seven workers, as indicated in the attached crime list, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties, to the retired workers E on October 17, 2016, including the amount of KRW 3,300,000 for the portion wage of KRW 660,000 for the portion wage of November 2016, and the amount of KRW 3,960,000 for the portion wage of KRW 660,000 for the portion wage of KRW 660,000 for the portion wage of KRW 14 days from the date of retirement.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in case where the worker retires, pay the retirement allowance within fourteen days after the ground for such payment occurred: Provided, That the period of payment may, in special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 3,970,870 for the above E within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties, as well as KRW 28,243,950 for the total amount of the retirement allowances for 7 workers, as described in the list of crimes in the attached Table, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the respective parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Each statement and written statement;

1. A list of persons who have lost each place of business, each average wage and retirement allowance statement, wage ledger, and wage ledger; and