A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 2010, the defendant introduced a type of retirement pension plan (DC) as a user who operates a manufacturing business with ten full-time workers as the representative of the Nam-gu Seoul Special Metropolitan City Dispute Resolution Co., Ltd., and has contributed to the determination of retirement pay system for workers.

1. Any employer who violates the Guarantee of Retirement Benefits of Workers shall, if he/she has unpaid contributions, pay unpaid contributions and interest accruing therefrom to the retirement pension account of the subscription worker within 14 days from the date of his/her retirement;

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

Nevertheless, the defendant did not pay 65,525,760 won, including 4,128,335 won and 249,504 won and interest accrued during the period of confirmation of the amount of retirement pension to be paid to retired workers D on June 22, 2016 at the above workplace, within 14 days from the date of retirement without any agreement between the parties on the extension of payment due date.

2. 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 did not pay 30,654,284 won, including 225,800 won, which was paid in July 2016, 2016, as well as 10 workers, as indicated in the list of crimes in the attached Table, from the above workplace, to the lapse of 14 days from the date of retirement, without the agreement of the parties to the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to the wage ledger, each benefit ledger, each detailed statement of transactions of each benefit passbook, and each benefit ledger;

1. Relevant Article of the Act concerning facts constituting an offense and the guarantee of retirement benefits for selective workers;