The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the payment of retirement allowances is not made.

Punishment of the crime

The defendant is the representative of the Sejong Deputy Director in the House B, who employs one worker at all times without the business registration certificate and operates the automobile leasing business.

When an employer concludes a labor contract, he/she shall clearly state matters concerning wages, contractual work hours, holidays referred to in Article 55, and other working conditions prescribed by Presidential Decree to the workers, and shall deliver written statements in which the items and calculation methods of wages, contractual work hours, and holidays referred to in Article 55 are specified to the workers.

Nevertheless, the Defendant worked from October 4, 2010 to August 31, 2018 at the above workplace and did not deliver to D documents stating the items of wages, calculation methods, contractual work hours, and holidays under Article 55 when concluding a labor contract with D and retired from the said workplace.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of D, 1 and D’s petition;

1. Article 114 subparagraph 1 of the Labor Standards Act and Article 17 (2) of the relevant Act on criminal facts;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The rejection of prosecution under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Sentence (see, e., Supreme Court Decision 2006Do148, Apr. 1, 2006)

1. The summary of the facts charged pertaining to the unpaid retirement allowances among the facts charged in the instant case is the representative of the Deputy Commissioner of the Sejong City City, the third party in the C, who employs one worker at all times without a business registration certificate and operates a motor vehicle leasing business.

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

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

Nevertheless, the Defendant is above.