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

The defendant, as a representative C in Busan Jung-gu, is an employer who is engaged in the distribution business of scientific machinery and equipment by employing one full-time worker.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and 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 65,100,000 within 14 days from the date of retirement, which is the date of occurrence of the cause for payment between the parties, without any agreement on the extension of the due date of payment between the parties, as stated in the details of money and valuables in the attached Form, including the amount of KRW 2,100,000, which was paid in April 2016, 201.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant worked in the above workplace as a business employee from December 17, 2014 to October 31, 2018, and did not pay KRW 10,018,463 of D retirement pay within 14 days from the date of retirement, which is the date of occurrence of the reasons for payment, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on collection of source of earned income, details of overdue wages, and determination 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. The scope of punishment by law: