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 an employer who ordinarily employs nine workers in the name of “D store” in Busan Geum-gu B and 1st floor C, and runs the Smarket business.

1. When a worker dies or retires, the employer 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, at the foregoing place of business, worked from February 15, 2016 to November 10, 2019 and retired wages of KRW 4,240,00,00, and did not pay KRW 33,69,590 in total for the amount of wages of nine workers within 14 days from the date of retirement, as stated in the detailed statement of the money and valuables in arrears in the attached Form.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the 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 foregoing place of business, worked from February 15, 2016 to November 10, 2019 and did not pay KRW 25,110,990 in total for five employees, as stated in the detailed statement of the amount in arrears with each individual, as well as KRW 8,975,342, retired retirement pay from the said place of business, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report (the details of payment of benefits) on the collection of investigation data from the police statement to E;

1. Article 109 (1) and Article 36 of the Labor Standards Act as to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.