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 the representative director of the Co., Ltd. C in Pyeongtaek-si B, who is engaged in the manufacturing industry using 40 full-time workers.

1. When a worker retires or dies, the employer in violation of the Labor Standards Act shall pay such money and valuables as wages within fourteen days after the cause for such payment occurred, unless agreed by the parties concerned;

Nevertheless, from March 7, 1996 to January 6, 2017, the Defendant did not pay KRW 2,641,136 on March 3, 2015 and KRW 2,373,280 on March 3, 2016 within 14 days from the date of death without an agreement between the parties concerned.

2. Where a worker retires or dies, an employer in violation of the Guarantee of Workers' Retirement Benefits Act shall pay the retirement allowance within 14 days from the date on which grounds for such payment occurred, unless agreed by the parties concerned.

Nevertheless, the Defendant did not pay KRW 64,659,341 of the retirement allowances of workers D who worked and died as described in the preceding paragraph within 14 days from the date of retirement without an agreement between the parties.

Summary of Evidence

1. Partial statement of the defendant;

1. A petition for E works;

1. A certified transcript of corporate register;

1. The benefit ledger (No. 4 No. 5 of the evidence list);

1. Results of calculation of retirement allowances;

1. A statement of reasons for addition;

1. Submission of data;

1. Application of rules of employment statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Article 62(1)(iii) of the Criminal Code for suspended execution are as follows: (d) the circumstances in which the Defendant was unable to pay the wages and retirement allowances; (d) the amount of unpaid wages and retirement allowances; and