The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the Daegu-gun Group that runs a wholesale and retail business with seven regular workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, while working in the above workplace on April 29, 2012, did not pay KRW 1,290,090 of retirement allowance C of retired workers on April 29, 2012 to 14 days from the date of retirement without an agreement on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement statement of labor inspector;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraphs 1 and 9 of the main sentence of Article 44 of the Guarantee of Workers' Retirement Benefits Act, which provide for the choice of punishment;

1. Penalty fine of 200,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (Article 59(1) of the Criminal Code (Article 59(1) of the Criminal Code provides that the defendant shall also pay a retirement allowance at the time of the payment of the monthly wage, but it is clear that the defendant is guilty on the interpretation of the Labor Law: Provided, That considering the situation at the time of the employment of C, there is room for a reasonable reference to the circumstances that the defendant thought that he has no obligation to pay a retirement allowance, and the case is minor, and the defendant only has a minor criminal record