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.

(e).

Punishment of the crime

The defendant is a representative of E in Ansan-si D and is an employer who runs construction machinery rental business using four regular workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;

The defendant works in the above workplace from October 12, 2016 to February 14, 2018.

As indicated in [Attachment F] No. 1 and 2,450,000 won, totaling KRW 2,450,000 for wage 2,00,000 for retired workers on February 2, 2018, the total of KRW 12,186,980 for two workers including wage 2,450,00 for each of them was not paid within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

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

The defendant works in the above workplace from October 12, 2016 to February 14, 2018.

The retirement allowances of retired workers, including 5,263,840 won, did not pay 12,870,150 won in total for two employees within 14 days from the date of retirement without any agreement on extension of the payment date between the parties concerned, as described in the [Attachment] No. 1, 263,840 won.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of the F and G respective petitions;

1. Relevant Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, the choice of punishment, and Articles 109(1) and 36 of the same Act, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is the confession of the crime of this case and there is no record of punishment for the same kind of crime, and the age, character and conduct, circumstances leading to the crime, and circumstances after the crime.