A defendant shall be punished by imprisonment for four months.

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

(e).

Criminal facts

The Defendant, as the representative of the “C” in Kimhae-si, is an employer who runs the manufacturing business of industrial machinery by employing seven full-time workers.

1. When a worker dies or retires, the employer who has violated the Labor Standards Act shall pay him/her wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;

However, Defendant 1 worked in the above workplace from January 14, 2016 to June 30, 2017, and was retired from office, and did not pay KRW 462,590 of D's wages in May 2017 within 14 days from the date of retirement, which is 14 days from the date of payment, without any agreement between the parties on the extension of the payment period between the parties concerned, and did not pay six workers' wages within 14 days from the date of retirement, which is 14 days from the date of payment, without any agreement on the extension of the payment period between the parties concerned.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

Even so, Defendant 1 worked in the above workplace from January 14, 2016 to June 30, 2017, and had not paid KRW 2,290,362 of D retirement pay within 14 days from the date of retirement, which is the date of payment, without agreement on the extension of the date of payment between the parties, and did not pay the six employees' retirement pay within 14 days from the date of retirement, which is the date of payment, as shown in [Attachment] Nos. 2 through 6 and 9 of the daily list of crimes committed in the attached hereto, without agreement on the extension of the date of payment between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement, etc. of the truth-finding representative;

1. Application of Acts and subordinate statutes, such as a detailed statement of payment of benefits (Evidence of not more than 75 pages), and a detailed statement of payment of benefits (Evidence of not more than 166 pages);

1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense (i.e., payment of wages, etc.) and Article 44 Subparag. 1 of the Guarantee of Retirement Benefits for each worker.