The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a C representative in Sungnam-si, who is a full-time worker and operates a private teaching institute.

When an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 1,768,670 of D retirement pay from May 27, 2015 to May 10, 2017 at the same place of business within 14 days from the date of retirement without an agreement between the parties on the extension of payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes on a petition;

1. Article 44 of the Act applicable to facts constituting an offense, and Article 44 subparagraph 1 and Article 9 of the Act on the Guarantee of Retirement Benefits for elective Workers, and Selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the Suspension of Sentence (Article 200,000 won, KRW 200,000 won, KRW 100,000 per day of detention in the workhouse) (Article 59(1) of the Criminal Act may be somewhat taken into account the developments leading up to the instant occurrence, the Defendant is the primary offender, the unpaid retirement benefits are paid, and other various sentencing conditions