However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

The Defendant is a C’s manager in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, who engages in the business of manufacturing semiconductor equipment using 16 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

In addition, the Defendant did not pay KRW 3,77,500 in total, including KRW 1,507,500 on January 17, 2018 and KRW 3,777,500 on February, to D who had worked from around April 17, 2017 to April 30, 2018 and KRW 79,037,860 on the aggregate of seven wages, such as D, within 14 days from the date of retirement without an extension agreement between the parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where the worker dies or retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

The Defendant did not pay the said D retirement allowance of KRW 2,902,433, and did not pay the total of KRW 17,207,165, including five retirement allowances including D, etc., within 14 days from the date of retirement without an extension agreement between the parties on the date of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, G, H, and I;

1. Each petition of J, K, H, F, E, I, L;

1. A written confirmation of delayed payment of wages and a submission of materials;

1. Application of a labor inspector’s written opinion;

1. Article 109 (1) and Article 36 of the Labor Standards Act, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act concerning facts constituting an offense;

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

1. Imprisonment with prison labor for each choice of punishment;