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

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

Punishment of the crime

The defendant, as the actual representative of the Co., Ltd. C in Daegu-gun Group B, is an employer who has been engaged in the textile machinery and fiber manufacturing business with one full-time employee.

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 14 days after the cause for such payment occurred;

Nevertheless, the defendant is working in the above workplace from May 1, 2013 to September 30, 2018.

Wages of retired workers D from July 2016 to January 2018, each of the wages of 1.8 million won and 2070,000 won, each of the wages from February 2018 to September 2018, did not pay 5,0760,000 won within 14 days from the date of retirement without agreement between the parties to the extension of payment 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 the cause for such payment occurred; and

Nevertheless, the defendant is working in the above workplace from May 1, 2013 to September 30, 2018.

The retirement allowance of retired workers D was not paid 10,979,383 won within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., penance, circumstances of crimes, etc.);