The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a representative in the Gyeonggi-gu Seoul Metropolitan City, Sungnam-gu, and is an employer who runs a Chinese restaurant using nine regular workers.

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

However, in special circumstances, the date may be extended according to the agreement between the parties.

Nevertheless, the Defendant worked from October 1, 2018 to May 3, 2020 and did not pay KRW 2,860,000 in April 2020, and the monthly wage of KRW 120,560 in May 202, within 14 days from the date on which the cause for the payment occurred, without any agreement between the parties to 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 the date of payment may be extended by the agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant had worked from October 1, 2018 to May 3, 2020 at the above workplace, and did not pay KRW 5,418,957 of retired D retirement pay within 14 days from the date of retirement.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's written statement of his/her legal statement, statement of adjustment of retirement allowance, statement of salary (investigative record 12 pages);

1. Article 109 (1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying retirement allowances);

1. Punishment of a fine of 500,000 won to be imposed and suspended for the selection of an alternative fine under Articles 40 and 50 of the Criminal Act; and

1. Article 59(1) of the Criminal Act provides that the defendant shows an attitude to recognize and reflect the error of the defendant under Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day). The defendant is not payable to the victimized worker on August 202, when three months have passed since the date of payment.