A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Punishment of the crime

The defendant is an employer who runs the business of manufacturing fishing products in the trade name of E using eight full-time workers in Kimhae-siD.

When a worker retires, the employer shall pay wages, retirement allowances, compensation, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless otherwise agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working from September 1, 2016 to January 28, 2020 at the above workplace.

The amount of KRW 1,836,80 in December 2019, the amount of KRW 1,957,60 in annual salary, annual leave allowances, KRW 1,06,560 in January 2020, retirement allowances, and KRW 7,524,759 in the annexed list of crimes, including that the F did not pay KRW 46,173,110 in total for three workers' wages, retirement allowances, etc. within 14 days from the date of their retirement without any agreement on the extension of the due date between the parties, as shown in the annexed list of crimes, including that the F did not pay KRW 7,524,759 in total within 14 days from the date of their retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Application of Acts and subordinate statutes with the name of each average wage and retirement allowance calculation statement, bonus ledger, annual calculation, leave management ledger, and business registration certificate, in the F’s statement;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The summary of the facts charged with the dismissal of prosecution under Article 62(1) of the Criminal Act is the employer who runs the business of manufacturing fishing products in the trade name of E using eight full-time workers in Kimhae-siD.

When a worker retires, the employer shall pay wages within 14 days from the date on which the cause for such payment occurred, unless there is an agreement between the parties to the extension of the due date.