The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a representative of D in the Dong-gu Busan Metropolitan City, Manyang-si, who is a full-time employer who runs a printing business using one worker.

1. The Defendant in violation of the Labor Standards Act did not pay KRW 3,50,000,00, total amount of wages, including KRW 1,000,000 in November 2, 2015, and KRW 3,50,000,00 in December 2, 2015, within 14 days from the date of retirement, which is the date of the occurrence of the cause of payment between the parties, without agreement on the extension of the day of payment between the parties.

2. The Defendant violated the Act on the Guarantee of Retirement Benefits for Workers in the foregoing workplace and did not pay KRW 4,873,701 of the retirement allowances of retired workers E within 14 days from the date of retirement, which is the date on which the grounds for payment occurred, without any agreement between the parties on the extension of the payment period, in the said workplace from May 22, 2014 to December 10, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the calculation of average wages and retirement allowances, and violations of labor-related Acts and subordinate statutes;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

1. Penalty fine of KRW 1,000,000 to be suspended;

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

1. Article 59 (1) of the Criminal Act (see, e.g., that the defendant is against his/her will and is the first offender, and that the defendant has deposited the total amount of unpaid wages and retirement allowances to the victim);