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

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

Punishment of the crime

The defendant is the representative director of C corporation located in Gangseo-gu Seoul Metropolitan Government, who runs game program development business using 33 regular workers.

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;

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

Nevertheless, the Defendant is working in the same workplace from October 23, 2017 to November 15, 2018.

The retirement D’s total amount of KRW 46,99,540,000 for wages of 1,000 on November 201, 2018, including the payment of KRW 1,00,00 for workers, was not made within 14 days from the date of retirement without an agreement on extension of the due date between the parties, as shown in the attached list of crimes.

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

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

Nevertheless, the Defendant, while working in the foregoing workplace from December 13, 2017 to December 19, 2018, did not pay KRW 2,348,35 of the retirement allowances of workers E retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline, as stated in the attached Table Nos. 4, 6, and 12.

Summary of Evidence

1. Defendant's legal statement;

1. Each petition for F, G, H, I, D, J, K, L, M, N,O, and E production;

1. Application of Acts and subordinate statutes to employment contracts, payment specifications, transaction details of passbooks, and retirement allowance calculation statements;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts (the fact that wages are not paid) and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.