The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the issuance of written statements indicating working conditions is not possible.

Punishment of the crime

The defendant is the user who is the representative of the Dispute Resolution D in Gwangju City.

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

Nevertheless, the Defendant did not pay a total of KRW 147,360,00 from February 29, 2016 to May 25, 2016, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness E;

1. Application of statutes on a copy of employment contract;

1. Article 109 of the relevant Act concerning criminal facts, Articles 109 (1) and 36 of the Standards for Optional Labor, and the selection of fines;

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

1. A portion not related to the crime under Article 59 (1) of the Criminal Act (a punishment to suspend sentence: a fine of KRW 100,000 won per day, detention in a workhouse: 100,000 won) (i.e., the defendant has no same criminal record, the confession of and reflects against the crime of this case, the fact that the crime of this case is deemed to be committed by dolusent criminal intent, and the unpaid annual allowance is relatively small amount of KRW 147,360, and all the amount paid are paid) of the suspended sentence;

1. When concluding a labor contract, the employer of the facts charged shall deliver to the worker a written statement specifying the constituent items, calculation method, payment method, small working hours, holidays, and annual paid leaves related to the wages;

Nevertheless, when concluding a labor contract with E at the above workplace around February 29, 2016, the Defendant did not issue a document stating the constituent items, calculation method, payment method, small work hours, holidays, and annual paid leave related to wages, when concluding a labor contract with E.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to the extent that there is no reasonable doubt by the judge.