A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The defendant is the actual manager of the Seoul Special Metropolitan City (State)C located in the Seoul Special Metropolitan City and is a full-time user who engages in the business of manufacturing vessel parts by using 50 full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, even from March 1, 2015 to July 15, 2016, did not pay KRW 2,236,533, the total amount of wages of workers D who retired from the said workplace, as well as KRW 6,11,16,19,20,23,23, 32,31, and 41 through 46, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.

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

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, even from March 1, 2015 to July 15, 2016, did not pay 10,69,989 won in total for four employees, as well as 6, 11, 23, and 32 years in arrears by each individual, within 14 days from the date of his/her retirement, as well as 3,840,760 won in the retirement pay of employees D, who were employed in the said workplace from March 1, 2015 to July 15, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The document of F;

1. To apply Acts and subordinate statutes to detailed statements of arrears, employment ledger, average wages, and written calculation of retirement allowances for workers;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (which refers to the payment of wages)