A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

The defendant is a representative of AS company, AT company, and AAU in the AR at the time of racing, who is engaged in the manufacturing business by ordinarily employing 45 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;

Nevertheless, the defendant works in the above workplace.

In December 29, 2017, an employee retired from office on or before December 29, 2017, paid 225,296,893 won [the total amount = 745,422,897 won - retirement allowance 429,058,040 won - Retirement pension, mid-term mutual aid, retirement pension, mid-term mutual aid, 91,514 won including total payment amount of KRW 450,789,514 - Small amount of substitute payment 123,507,120 won - General substitute payment 236,214,430 won] within 14 days from the date of retirement, respectively, as described in the list of crimes in the attached Table of Crimes.

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

Nevertheless, the Defendant did not pay 429,058,040 won in total, including 9,320,290 won of AV retirement allowances of employees retired from the said workplace on December 29, 2017 at the said workplace, within 14 days from the date of retirement, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement about AW, AV, AX, D, AI, Q, and AY;

1. Each written petition;

1. Application of Acts and subordinate statutes;

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15513, Mar. 20, 2018); Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (amended by Act No. 15513, Mar. 201);

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of penalty: