A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is the representative of Ansan-si, a member D and 403, who conducts manufacturing business using 13 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 did not pay 23,492,668 won in total, including 2,333,30 won for October 2015, which worked from February 1, 2012 to October 31, 2015 at the same place of business, within 14 days from the date of retirement where the cause for payment occurred without an agreement on extension of payment between the parties, as shown in the attached crime list.

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 date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay the total amount of KRW 19,832,608 of the eight retirement allowances including KRW 4,021,938 of F's retirement allowances, who worked in the above workplace from February 1, 2012 to October 31, 2015 at the above workplace, within 14 days from the date on which the cause for the payment occurred, without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, H and F;

1. Each petition of I, J, K, L, M, and N;

1. Application of Acts and subordinate statutes to ten copies of a retirement allowance calculation statement, and a copy of the wage ledger, October 2015;

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

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

1. Punishment;