A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Punishment of the crime

[2016 Highest 5338] The Defendant is the representative of the Corporation I located in Daegu Northern-gu H, and is the employer who runs software development business using 40 full-time workers, having a branch office of J 401 in Seongbuk-gu, Seongbuk-gu, Sungnam-si.

When an employee retires, an employer shall pay a retirement allowance within 14 days from the date on which the cause for such payment occurred.

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

Nevertheless, the Defendant, who served from May 9, 2005 to January 30, 2015, did not pay KRW 57,733,293,293, and293 in total, as retirement allowances of K from December 1, 2008 to September 28, 2015, without agreement between the respective parties on the extension of the payment date.

[2016 Highest 6690] The Defendant, as the 12th representative director of the H building in Daegu Northern-gu, the 12th executive director of the H building, is a user who conducts software development business using 30 full-time workers.

When a worker dies or retires, an employer shall pay the wages, retirement allowances, compensation, and all other money and valuables within fourteen 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 did not pay 128,782,361 won in total, including 21,370,780 won of retirement allowance of retired workers M in the above workplace on January 31, 2015, within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties, as stated in the attached list of crimes, including 3 through 5, 8 through 13, and 15.

Summary of Evidence

[2016 Highest 5338]

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police with respect to L.