A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The defendant is a representative director of H in Nam-gu, Incheon Metropolitan City, who runs a manufacturing business with 20 full-time workers.

1. When a worker retires, the employer in violation of the Labor Standards Act shall pay all money and valuables, such as wages, within fourteen days after the cause for such payment occurred;

Nevertheless, the Defendant, at the above workplace from August 28, 2017 to January 23, 2018, did not pay the total of 10,119,880 won, including the total of 275,090 won, monthly wage of 275,090 won, monthly wage of 1,580 won, monthly wage of 1,187,670 won, and the total of 10,119,880 won, within 14 days from the date of retirement without agreement on the extension of the payment 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 any cause for such payment occurred; and

Nevertheless, the Defendant, at the above workplace from February 12, 2014 to January 23, 2018, did not pay 18,783,610 won, including retirement pay 7,780,320 won from the J's retirement pay to retired workers, within 14 days from the date of retirement, without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. Each written petition;

1. Application of the Acts and subordinate statutes on calculation of retirement allowances and transaction details by passbook;

1. Articles 109(1) and 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017; hereinafter the same shall apply) applicable to criminal facts; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (which means the 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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act: