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 is the actual manager who runs the printing business using 16 full-time workers under the trade name of “stock company D” in Changwon City Co., Ltd.

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;

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the same place of business, worked as a reporter from October 5, 2015 to February 25, 2016 at the said place of business, and retired workers E’s wages of KRW 1,205,740 as monthly wage of February 2, 2016, and KRW 23,826,858 in total, including four workers’ wages, allowances, meals, refund money for year-end settlement, oil reserve, etc., as indicated in attached Table 3, 4, 5, and 6, did not pay the same within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, 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 any cause for such payment occurred; and

Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from February 6, 2007 to October 31, 2015, worked as accounting and did not pay 18,741,907 won of retirement pay of retired workers F, as well as 54,487,06 won, total of five employees of the above workplace, as described in the attached Table Nos. 1, 2, 4, 5, and 6, respectively, within 14 days from the date of the occurrence of the cause for the payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The application of each statute to the statement of F, E, G, and H prepared by the Special Judicial Police Officers