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 of the Cgate Store in Jongno-gu Seoul Metropolitan Government and is an employer who employs six full-time workers and operates a lodging business.

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 did not pay KRW 29,710,960 for the total amount of six workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as shown in the attached crime list, including KRW 940,710 for September 2, 2019, which worked in the above workplace from August 2, 2019 to September 22, 2019.

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 did not pay KRW 3,578,322 of the F retirement pay from March 23, 2015 to November 25, 2019, as well as KRW 3,853,942, and KRW 3,578,322 of the F retirement pay from October 1, 2018 to November 30, 2019, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D and G;

1. Each written petition;

1. Application of statutes on business registration certificates;

1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (trades in violation of the Labor Standards Act, the Labor Standards Act, and the Guarantee of Workers' Retirement Benefits Act).