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, as the representative of the (ju) D in Gwangju Mine-gu, is an employer who runs a manufacturing business using 15 full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and 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 10,78,420 won for E’s total amount of 39,270,350 won, including 10,78,420 won, which was worked from March 2, 2020 to August 31, 2020 at the above workplace, within 14 days from the date of each retirement without an agreement between the respective parties on the extension of the due date for payment, as stated in the attached list of crimes.

2. When a worker retires, the employer shall 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 2,906,480 of F retirement pay from the date of retirement to the date of December 26, 2017 to August 31, 2020 within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H, I, E, J, K, L, M, F, and N (Appellant);

1. Employment contracts;

1. F Written confirmation of delayed payment of wages and written confirmation of delayed payment of wages;

1. Detailed statements of respective wages, details of wages in arrears, and details of payment of wages;

1. A retirement allowance calculation sheet or a withholding tax receipt for retirement income;

1. Application of statutes regarding reporting the loss of insured status;

1. Articles 109(1) and 36(1) of the Labor Standards Act (which means the payment of unpaid wages), Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the payment of unpaid retirement allowances) and the choice of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.