A defendant shall be punished by imprisonment with prison labor for up to six months.

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

(e).

Punishment of the crime

The Defendant, as a manager of the (ju)C located in Gyeongnam-gun, was an employer who runs the manufacturing business of automobile parts by ordinarily employing 11 workers.

1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, and other money or valuables, unless there exists an agreement between the parties on the extension of the payment deadline, within 14 days after the cause for such payment occurred;

Nevertheless, the defendant did not pay 38,186,655 won in total from the date of each retirement, as stated in the following sub-paragraphs 1 through 4, 6, 8, and 12, as well as the payment of KRW 676,115 of the bonus in 2017 to workers D who worked in charge of quality control from January 4, 2016 to November 30, 2017.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall, in cases where the worker retires, pay the retirement allowance within 14 days from the date on which the grounds for such payment occurred, unless the parties have agreed to extend the payment period;

Nevertheless, the Defendant did not pay KRW 4,059,852 to employees D's retirement pay from January 4, 2016 to November 30, 2017, as well as KRW 42,636,59,59, which is the sum of seven employees' seven retirement allowances from the date of each retirement, as shown in the attached Table Nos. 1 to 4,6,8,11.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written petition;

1. Each statement;

1. A detailed statement of unpaid amount;

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Articles 109(1) and 36 of the Labor Standards Act for the facts constituting an offense set forth in the relevant Act (the fact that money and other valuables are not paid, such as wages) and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (the fact that money and other valuables are not paid for retirement);

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