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

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 the representative of C in the racing-si, who is an employer who operates the automobile parts manufacturing business using two full-time 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 is working from December 3, 2018 to April 30, 2019 at the above workplace.

From May 1, 2019 to March 3, 2019, the amount of wages of 3,800,000 won of retired workers D, as well as the amount of wages of 15 workers, the total of 76,884,325 won, including the amount of wages of 3,80,000 won, was not paid within 14 days from the date of each 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

Nevertheless, the Defendant is working from September 5, 2002 to April 30, 2019 at the above workplace.

Around May 1, 2019, an employee E’s retirement pay of KRW 69,827,390, as well as KRW 203,647,968, including KRW 10,00,00,000, was not paid respectively within 14 days from the date of each retirement, as described in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint;

1. To apply the details of arrears, calculation details of retirement allowances and annual allowances, estimated amount of insurance for departure guaranty, detailed statement of overdue wages, each average wages and retirement allowances calculation statement, detailed statement of root, and application of Acts and subordinate statutes to the commuting card and pay ledger;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and

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

1. Selection of each sentence of imprisonment;

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

1. The Criminal Act, the suspension of execution;