The sentence of sentence shall be suspended for the defendant.

Of the facts charged in the instant case, it is against C.

Punishment of the crime

The defendant is the representative of E in the Chungcheongnam-gun-gun, Chungcheongnam-gun, who is a full-time employee and operates the manufacture and sale of wood asphalt by using six full-time workers.

1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;

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

However, the Defendant did not pay the sum of KRW 6,100,000, total of KRW 1,510,000 on December 12, 2012 to December 26, 2014, as wages of KRW 1,80,000 on September 9, 2014; ② October 1, 2014; ③ wages of KRW 1,800,000 on November 1, 2014; ④ wages of KRW 1,510,000 on December 1, 2014; and ④ wages of KRW 6,100,000 on December 26, 2014, within 14 days from the date on which the cause for payment occurred, without an agreement between the parties on the extension of the payment date.

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; and

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

However, the Defendant did not pay KRW 3,59,950 of the F retirement pay retired when working at the above workplace from December 12, 2012 to December 26, 2014, within 14 days from the date on which the cause of the occurrence occurred, without any agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the details of money and valuables in arrears;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment imposed on a person who violates the heavier Labor Standards Act);

1. Selection of an alternative fine for punishment;

1. The punishment to be suspended;