The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in Asan City, who ordinarily employs 10 workers and operates a manufacturing business.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred;

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

Nevertheless, the defendant is working from March 29, 2012 to November 30, 2015 at the above workplace.

The retirement worker D's total wages of 5,813,389 won, including wages of 2,451,460 won on October 2015, did not pay 5,813,389 won within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as stated in the attached list of crimes (the details of arrears by individual) 1.

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 is working from March 29, 2012 to November 30, 2015 at the above workplace.

The retirement allowances of retired workers D including KRW 9,568,68,688 of retirement allowances, and KRW 38,331,914 of retirement allowances of five retired workers, as described in attached Table 2 (the details of personal arrears), did not pay each of them within 14 days from the date on which the cause for such payment occurred, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the mutual factual verifications of D and the accused, and of the E’s written statements;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition.