A defendant shall be punished by imprisonment for four 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 a personal constructor who runs a construction business using a worker after receiving a contract for stone construction work at the site of a new personal house construction work site.

1. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, retirement allowances, and all other money or valuables within 14 days after the cause for such payment occurred;

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

The Defendant did not pay the amount of KRW 25,447,040 (see the detailed list of crimes) within 14 days from the date of retirement, without agreement between the parties on the extension of the due date of payment between the parties concerned, within 25,447,040 (see the detailed list of crimes) of D’s wages and weekly leave allowances, which were worked for stone work from December 1, 2015 to November 30, 2018 at the site of new construction of private housing in Pyeongtaek-si and the construction site of new private housing in Busan-si located in the city of

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 the cause for such payment occurred; and

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

The Defendant did not pay KRW 14,913,698 of D retirement pay from December 1, 2015 to July 13, 2018, within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on the work ledger of D statements;

1. Article 109 (1) 1 and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The fact that the total amount of unpaid wages and retirement allowances exceeds 40 million won in sentencing under Article 62(1) of the Criminal Act, and the defendant is the same as the defendant.