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 becomes final and conclusive.

Punishment of the crime

The defendant is the representative of Busan Jin-gu B9th, Busan, who is engaged in restaurant business with seven regular workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 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 has been employed as an employee from March 10, 2010 to February 19, 2018 at the above workplace.

A retired worker D’s wages of KRW 300,00 on September 2017, 200, wage of KRW 1,900,000 on January 1, 2018, wage of KRW 1,289,29,290 on February 2, 2018, and wage of KRW 3,489,29,29, and retirement allowance of KRW 14,530,820 on February 1, 2018, as indicated in the detailed statement of payment in arrears, including KRW 19,739,790 and retirement allowance of KRW 53,81,735, total amount of KRW 73,51,525 on September 1, 2017, did not pay KRW 14 days from the date of retirement without an agreement on the extension of payment due

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Details of the overdue money and goods and the details thereof;

1. Each benefit ledger and a statement of accounts of retirement allowances;

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

1. Article 109 (1), Article 36 of the Labor Standards Act concerning facts constituting an offense, and Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point where payment of retirement allowances is not made);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( taking into account circumstances in which considerable damage has been or is likely to have been recovered through a substitute payment or an auction of the defendant's property