A defendant shall be punished by imprisonment for six months.

except that 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 is the representative of (State) D in Bupyeong-gu Incheon Metropolitan City, who is an employer who operates the manufacturing business by employing ten 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;

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

Nevertheless, the Defendant worked from November 1, 2016 to March 30, 2018 at the above workplace and was retired workers E’s wages of December 1, 2017, and did not pay KRW 35,527,672 in total for five workers within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as stated in the attached Table Nos. 2, 3, 4, 6, 7.

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

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

Nevertheless, the Defendant, at the same place of business, worked from November 1, 2016 to March 30, 2018, did not pay 14,936,363 won, including retirement pay 4,756,153 won of retired workers E, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date for payment, as described in the attached Table Nos. 2, 4, 5, 6, 7.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, A, F, G, and H;

1. Written complaints by I and J;

1. The details of J’s pay, the calculation details of the E retirement pay, the calculation details of the E retirement pay, the E’s payment statement, each labor contract, the F’s payment statement, the H’s benefit statement, the calculation details of H’s retirement pay, the G benefit calculation details, the G benefit calculation details, and the business registration certificate law.