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 became final and conclusive.

Punishment of the crime

The defendant is the actual manager of the (State) Nam-gu, Daegu, who is an employer who operates the Chang Metal Construction Business by employing five full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and 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 is working from June 13, 2016 to January 31, 2020.

A retired worker D’s total of KRW 3,50,00,000, including the wage of KRW 1,750,000 in October 2018, including the total of KRW 33,550,00,000, was not paid respectively within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

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

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

Nevertheless, the Defendant is working from June 13, 2016 to January 31, 2020.

Retirement allowance of retired workers D 7,260,892 won and from June 6, 2015 to January 31, 2020

The retirement allowance of retired workers E, including 12,537,150 won, was not paid 19,798,042 won in total within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to each written retirement allowance calculation;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement pay is not paid);

1. Each worker provided for in Articles 40 and 50 of the Criminal Code of Trade and Trade.