Defendant shall be punished by imprisonment for a term of one year and two 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 a person who is in charge of the business of the credit dispute resolution committee in Asan-si B, and is an employer who runs the business of semiconductor equipment using 30 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 in special circumstances, the date may be extended by mutual agreement between the parties.

The Defendant, at the above workplace from July 3, 2017 to February 28, 2019, did not pay the total of 61,423,90 won for four workers within 14 days from the date of each retirement, as described in attached Table 8, 9, 12, and 13, as well as the annual wage of 4,861,782 won in October 2018 of the retired workers D, as well as the annual wage of 8,9,12, and 13.

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 according to an agreement between the parties in extenuating circumstances.

The Defendant, at the above workplace, did not pay the retirement allowances of 26,498,929 won, including 6,955,738 won of retirement allowances of D employed and retired workers as described in the above paragraph (1), within 14 days from each date of retirement without agreement on extension of the due date between the parties concerned, as described in the attached list of crimes Nos. 8,9,12.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Summary statement of the F;

1. Each G statement;

1. E and 3 other statements;

1. A written confirmation of arrears of wages;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning facts constituting an offense (the point of payment of wages) and Article 44 Subparag. 1 of the Guarantee of Workers' Retirement Benefits Act.