The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a representative of Gangdong-gu Seoul Metropolitan Government 201 who is a full-time worker and runs a fire-fighting salt business by using two full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant did not pay KRW 13,270,270, total sum of KRW 26,540,00 for the hours of February 2, 2016, and KRW 26,540 for August 2, 2016, retired from the said workplace as from September 21, 2015 to November 30, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment date.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the defendant did not pay 351,550 won in the difference of the retirement pay of the above worker D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

(c)

When concluding an employment contract, an employer shall clearly state in writing wages, contractual working hours, holidays, annual paid leaves, and other working conditions prescribed by Presidential Decree to workers.

Nevertheless, the defendant employed the above worker D and did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Details of payment of benefits, and application of statutes on the place of work;

1. Article 109(1) and Article 36 of the Labor Standards Act regarding facts constituting an offense, Article 44 Subparag. 1 and Article 9 of the Act on the Guarantee of Workers’ Retirement Benefits (which means unpaid wages), Article 114 of the Labor Standards Act.