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 a person who was the representative of C Co., Ltd., a manufacturer of metal market products in Silung-si B.

1. When an employer violating the Labor Standards Act retires, he/she shall pay wages, compensations, and all other money and valuables, unless the parties have agreed to extend the fixed date, due to special circumstances, within 14 days after the cause for such payment occurred;

From January 2, 2013 to November 12, 2015, the Defendant did not pay an aggregate of KRW 6,400,000 (each wage of KRW 3.2 million in September and October 2015) of the wages of workers D retired from the said workplace within 14 days from the date of retirement, without agreement between the parties to extend the date.

2. An employer who violates the Act on Guarantee of Retirement Benefits of Workers shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned on the extension of the fixed date.

From January 2, 2013 to November 12, 2015, the Defendant did not pay KRW 40,465,852 of the retirement allowances of employees D who retired from the said workplace within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

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 suspended execution;