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 user who runs the electrical construction business with five full-time workers as the representative director of the CC in the building in Seongbuk-gu, Sungnam-si.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay D wages of KRW 2,950,350 on October 1, 2014; KRW 4,947,560 on January 1, 2015; KRW 4,224,240 on May 1, 2015; KRW 2,128,905 on January 1, 2016; KRW 4,256,580 on February 29, 2016; KRW 1,000 on the site allowances; KRW 1,00,00 on June 1, 2014; KRW 1,00,00 on the site allowances; KRW 1,00,00 on July 1, 2014; and KRW 4,224,240 on May 1, 2015; KRW 365,750 on retirement allowances; and KRW 205,75,205 on June 29, 2014.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay the retirement allowance of KRW 12,648,094 to D who worked in the said workplace from August 1, 2013 to February 29, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the labor contract and the Acts and subordinate statutes on trading account of victims;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62-1 (1) of the Criminal Act of the Suspension of Execution (the payment of the overdue wages and retirement allowances in person, the amount equivalent to the overdue wages and retirement allowances in arrears is paid as substitute payment, and the payment of the overdue wages in good faith according to the future plan;

In addition, there is some room for considering the background of the occurrence of the instant case.