A defendant shall be punished by imprisonment with prison labor 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 C Co., Ltd. in Chungcheong-gun B, who operates a manufacturing business using five regular 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, in the foregoing case, worked as an employee from February 9, 2017 to February 28, 2018 and retired from office as an employee, did not pay 35,172,160 won in total, as shown in the attached crime list, as well as 35,172,160 won in total, as stated in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment.

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 may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above corporation C, worked as an employee from February 9, 2017 to February 28, 2018, did not pay KRW 19,859,103 in total as well as KRW 3,281,673 in D retirement pay to retired employees, as shown in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. -The details of accrued benefits, etc. - the payment of D retirement benefits.

1. - A statement of unpaid payment, - A statement of calculation of average wages and retirement allowances.

1. Application of statutes governing fact-finding, such as telephone;

1. Wages under Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;