A defendant shall be punished by imprisonment for four months.

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

(e).

Punishment of the crime

The defendant is a representative director of Seocho-gu Seoul Metropolitan Government D building and (ju) EE in the second floor, who has been engaged in the publishing business of teaching materials and teaching materials for young children using five regular workers.

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

Nevertheless, as indicated in the [Attachment 3] List of Crimes No. 3, the Defendant had worked in the above workplace from July 28, 2014 to August 4, 2017, and had not paid KRW 28,322,600 in total from October 2017 to August 4, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

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 a cause for payment occurs; and

Nevertheless, the Defendant worked from July 28, 2014 to August 4, 2017 at the above workplace and did not pay KRW 9,854,079 of the F's retirement pay to the Defendant within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

1. Defendant's legal statement;

1. The document and written statement of the F;

1. Data to be submitted by the petitioner (written retirement allowance calculation, written benefit confirmation, or written confirmation for delayed payment of wages);

1. Data submitted by the respondent (a detailed statement of arrears and a statement of calculation of retirement benefits);

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 former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15108, Nov. 28, 201);

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant has the same criminal records with the reasons for sentencing under Article 62(1) of the Criminal Code (a favorable circumstances among the reasons for sentencing below).