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

(e).

The defendant is the representative director of T, a corporation in Seo-gu, Seo-gu, Seoan-gu, S, who runs a manufacturing business with 20 full-time employees.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

The Defendant, at the above workplace, worked from November 1, 2013 to March 31, 2020, and paid 3,263,680 won per annual paid leave allowance of U retired workers, as well as 13,358,40 won per year of the crime list of annexed crimes, without any agreement between the parties to the extension of the payment deadline, respectively, within 14 days from each retirement date.

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 according to an agreement between the parties in extenuating circumstances.

The Defendant did not pay each retirement allowance of 52,548,648 won, including the above U's retirement allowance of 12,851,419 won, within 14 days from the date of each retirement without agreement between the parties to the extension of the due date, as described in the attached list Nos. 1 through 5.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, each statement of his/her police statement, each statement of payment, each statement of arrears, results of calculation of retirement benefits, business income statement, statement of unpaid retirement benefits, average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (not being paid as retirement allowances).