The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, violation of the respective Labor Standards Act concerning B, C, and D.

Punishment of the crime

The defendant is a representative G representative director of the Gangnam-gu Seoul Metropolitan Government in the fiveth floor of the F building, who ordinarily employs 40 workers and operates the business of manufacturing and selling infant uniforms. A.

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

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

Nevertheless, the defendant is working from April 30, 2012 to May 17, 2014 at the above workplace.

As shown in the list of offenses against two retired workers, including H wage of retired workers, the total amount of 8,334,344 won was not paid within 14 days from the date of each retirement without any agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the defendant is working from April 30, 2012 to May 17, 2014 at the above workplace.

A total of KRW 11,877,249 of retirement allowances, including KRW 5,750,383 of retirement allowances of retired workers H, was not paid within 14 days from each retirement date without any agreement between the parties on the extension of payment dates, as shown in the list of offenses against two retired workers.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Each petition of H and I;

1. Application of Acts and subordinate statutes to each wage delay, overdue payment certificate, and retirement allowance calculation statement;

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts; Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act;

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

1. Selection of an alternative fine for punishment;

1. Article 37 of the Criminal Code among concurrent crimes.