A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The defendant is the representative of the "C" in Ulsan-gun B, Ulsan-gun, and is the employer who runs a private teaching institute business with eight full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or 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 an English instructor from February 23, 2015 to March 28, 2019 at the above workplace.

Wages of retired workers D were not paid KRW 70,730,210 within 14 days from the date of retirement in which the cause for the payment occurred, without agreement between the parties to the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and

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

Nevertheless, the Defendant is an English instructor from February 23, 2015 to March 28, 2019 at the above workplace.

The retirement allowance of the retired worker was not paid KRW 8,063,430 of the retirement allowance of the said D within 14 days from the date of retirement in which the cause for payment occurred without any agreement between the parties to the extension of the payment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Although the delayed payment of the money for sentencing under Article 62-2 of the Social Service Order Act is not many, the defendant's mistake is recognized.