The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case, it is against C.

Punishment of the crime

The defendant is the representative director in Asan-si D, who is a user who operates automobile parts manufacturing business using ten full-time workers.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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.

Nevertheless, the Defendant is working as a production worker in the same workplace from May 20, 2013 to May 22, 2014.

The retired worker's wage of KRW 6,817,128 for "F (F, South, 59)" and did not pay the total of KRW 15,74,588 for three workers within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, as shown in attached Table 1, 2, and 4.

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 according to the agreement between the parties in special circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 4,892,106 of the three employees' retirement allowances, including KRW 1,454,360 of the F's retirement allowances and KRW 1,454,360 as stated in the attached Table Nos. 1, 2, and 4, within 14 days from the date of retirement without any agreement on extension between the parties concerned.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police investigator in relation to G;

1. Application of each of the Acts and subordinate statutes described in H and F’s telephone statement;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

1. Violation of the Labor Standards Act on workers under Articles 40 and 50 of the Commercial Concurrent Crimes Act.