The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of the C Co., Ltd. in the Gu of Changwon-si, who is engaged in real estate development business by employing two full-time workers.

1. Violation of the Labor Standards Act;

(a) Where a worker dies or retires, an employer who is not paid wages shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant, from October 15, 2015 to January 2, 2017, was dismissed and retired from office on December 12, 2016, did not pay KRW 5,000,000 as wages to the Defendant within 14 days from the date of retirement, which is the date of payment, without agreement between the parties on the extension of the payment period.

(b) An employer who has not paid advance notice of dismissal shall give the advance notice of dismissal at least 30 days, and shall pay not less than 30 days ordinary wages if the employer has not given such advance notice of dismissal at least 30 days.

Nevertheless, on January 2, 2017, the Defendant did not pay KRW 5,741,520 of the dismissal allowance for 30 days’ ordinary wage while dismissing the said D from the said workplace.

2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.

Nevertheless, the Defendant did not pay KRW 5,949,968 of the aforementioned D retirement pay, which was dismissed and retired from office, within 14 days from the date of retirement, which was the date of payment, without an agreement between the parties on the extension of the payment period, from October 15, 2015 to January 2, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A ledger of average wages and retirement allowances, and a ledger of wages, December 2016;

1. Notice of dismissal;

1. Application of the relevant statutes to the details of sending each e-mail and new e-mail sending;

1. The former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017) regarding criminal facts.