A defendant shall be punished by imprisonment for four months.

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.

(e).

Punishment of the crime

The defendant is the actual representative of the Dispute Resolution E in Jeju-si, who is a full-time worker and operates the business of manufacturing and installing lighting using six full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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, from April 1, 2016 to January 31, 2020, did not pay the total of KRW 12,822,500, such as wages, etc. of retired workers F, in the said place of business E, within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties concerned.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurs, if the worker retires;

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

Nevertheless, the Defendant, from April 1, 2016 to January 31, 2020, did not pay KRW 10,006,090 of the F retirement allowances of retired workers in the said place of business E, without agreement on the extension of the payment period between the parties, within 14 days from the date of retirement.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes on the ledger of unpaid benefits;

1. Article 109(1) and Article 36 of the Labor Standards Act for the relevant Act on Criminal Facts, and Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits (which shall not be paid for retirement);

1. Selection of imprisonment with prison labor as provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes;

1. There are circumstances to consider the circumstances leading up to the crime, such as the fact that the reason for sentencing under Article 62(1) of the Criminal Act was not received from time to time, and the fact that the defendant is against the defendant, and other reasons.