except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant is an employer who runs a construction business with 20 full-time workers, who is a business owner of the building B or C with the fourth floor of Busan Suwon-gu.

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 worked from May 26, 2016 to June 29, 2017 at the site of the car trade complex extension construction in Nam-gu Incheon Metropolitan City, and did not pay 54,324,300 won in total of two retired workers’ wages as stated in the attached list of crimes, as well as 54,324,300 won in total, as stated in the attached list of crimes, within 14 days from the date on which the cause for such payment occurred without any agreement between the parties on the extension of the payment date.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from May 26, 2016 to June 29, 2017 at the same place of business and did not pay KRW 4,766,124 of retirement allowances E to retired workers within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Financial transactions in the person concerned, calculation of average wages and retirement allowances, and application of statutes governing a business registration certificate;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement benefits are not paid);

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