The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of "China restaurant D" in Sejong Special Self-Governing City C commercial building 128, and is an employer who runs a food business with five regular workers.

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 according to an agreement between the parties in extenuating circumstances.

Nevertheless, from August 19, 2012 to August 4, 2014, the said workplace works as a host employee.

The retirement allowance of E,558,138 won was not paid within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written petition, employment contract (E), average wage, and retirement allowance calculation statement, and an inquiry about liquidity details (E benefit passbook);

1. Application of Acts and subordinate statutes to confirm the fact, such as telephone, etc., and to writing confirmation of telephone, etc.;

1. Article 34 of the Labor Standards Act and Article 44 subparagraph 1 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Article 44 of the Act on the elective Retirement Benefits, as long as the labor contract remains in existence as the requirements for the termination of the labor relationship, there is no room for the obligation to pay retirement allowances. Thus, even if a certain amount was paid under the name of retirement allowances, it is not effective as retirement allowances under Article 34 of the Labor Standards Act and Article 34 of the Guarantee of Workers' Retirement Benefits Act, and the agreement to receive retirement allowances including the monthly pay or daily retirement allowances is null and void as it gives up in advance the right to claim retirement allowances arising from the final retirement.

Therefore, the employer.