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.

The defendant is the representative director of the corporation C in Gyeyang-gu Incheon and the employer who runs a construction business, etc. using five full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the defendant provided labor between December 10, 201 and June 30, 201 to the above workplace and did not pay 30,763,120 won in total for 16 months during the period from March 201 to June 30, 2017, respectively, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

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

Nevertheless, the defendant provided labor between December 10, 201 and June 30, 2017 to the above workplace and did not pay 11,459,246 won of retirement allowances of retired workers D within 14 days from the date of the retirement without an agreement between the parties on the extension of the payment deadline.

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. A fact-finding certificate, average wages, and a written calculation of retirement allowances;

1. Application of Acts and subordinate statutes on transaction lists by account (company banks, post offices) such as details of unpaid benefits, calculation documents of retirement allowances, confirmation of acquisition of eligibility for health insurance, etc.;

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) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.