However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

The defendant is the representative of "D" corporation in Chungcheongbuk-gun C.

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;

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 2,365,00 on August 8, 2012, 2012, which was retired from employment as the production department from around December 18, 1999 to around October 18, 2014; KRW 2,365,000 on September 2, 2012; KRW 2,365,000 on October 201, 2012; KRW 2,365,00 on May 2, 2014; KRW 365,00 on May 2, 200; KRW 2,365,00 on June 6, 2014; KRW 365,00 on July 2, 200; KRW 365,00 on July 2, 2014; KRW 365,00 on August 26, 2014; and KRW 365,2015.

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

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 33,616,447 of E retirement pay, as described in paragraph 1, within 14 days from the date of retirement without a mutual agreement between the parties to the payment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Written statements of E;

1. Application of Acts and subordinate statutes on the details of settlement and calculation of 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria;