A defendant shall be punished by imprisonment for six 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 representative of CD located in Gyeonggi-si, and is an employer who operates a furniture manufacturing enterprise using three 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 did not pay the total of KRW 14,100,907 for eight workers within 14 days from the date of each retirement, even though there was no agreement between the parties on the extension of the payment date, as shown in the list of crimes in the attached Table, including the payment of KRW 632,258 of the E’s wages in March 2015, which had been worked at the above workplace from December 15, 2012 to March 20, 2015.

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 did not pay KRW 3,559,00,000,000,000,000,000 from December 15, 2012 to March 20, 2015 at the same place of business, and did not pay KRW 18,83,39,00,000,00,000,00,000,000,000,000,000,000,000,000,000,00

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G, H and I;

1. Each written petition;

1. Application of statutes on the calculation of average wages and retirement allowances, the statement of arrears with D, and account transaction details;

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. The former part of Article 37 of the Criminal Code, and Article 38.