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

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

(e).

Punishment of the crime

The defendant is a user who operates a beverage manufacturing business using 18 regular workers as the representative director of the agricultural company-limited company I located in Namwon-si H.

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;

Nevertheless, the Defendant worked in the above workplace from March 1, 2012 to October 1, 2019 and retired from the workplace from office (attached Form 1 / [Attachment 1] 39,462,036 won in total as wages of 11 workers, such as in the list of crimes, was not paid within 14 days from the date on which the cause for the payment occurred without agreement between the parties on 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 the cause for such payment occurred; and

Nevertheless, the Defendant did not pay KRW 24,49,403 of the J's retirement pay from March 1, 2012 to October 1, 2019 at the above workplace as well as KRW 24,49,403 (attached Form 1) [Attachment 1] 87,711,231 of the total retirement allowances of 12 workers as stated in the crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the payment

Summary of Evidence

1. Defendant's legal statement;

1. Written petition by J and 17 others;

1. Application of statutes on the details of arrears reported by place of business;

1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and the choice of punishment, respectively, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter “the grounds for suspended sentence”)

1. The scope of punishment by law: Imprisonment; and