A defendant shall be punished by imprisonment for not less than five months.

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

(e).

Punishment of the crime

The defendant of "2019 Highest 1510" is an employer who has been engaged in growing seedlings and growing businesses by using five full-time workers as the representative of Cagricultural partnership in Jincheon-gun B of Chungcheongbuk-gun.

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 the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace, worked as an employee from March 5, 2018 to May 1, 2019, and retired from the workplace, paid 784,841 won on September 9, 2018, as well as 44,048,940 won in total for three workers, as described in attached Table 1, did not reach an agreement between the parties to the extension of the payment deadline, within 14 days from the date of retirement.

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.

Nevertheless, the Defendant did not pay 10,740,229 won, including 1,624,000 won of retirement allowances of D who worked and retired in the above workplace as described in paragraph (1), within 14 days from the date of retirement without agreement between the parties to the extension of the payment due date, as shown in attached Table 1.

Summary of Evidence

[2019 Highest 1510]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of each relevant statute;

1. Article 109(1), Article 36 of the Labor Standards Act, Article 44 Subparag. 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act, respectively, concerning facts constituting an offense;

1. Trade name;