The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a business owner who runs transportation business using one full-time worker as a land owner of a D company in Ulsan-gun C adjacent to Ulsan-gun, Ulsan-gun, and is an employer.

When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the defendant is employed by the defendant from May 19, 2014 to July 18, 2015 and works as a driver.

3,096,490 won of retirement allowance for retired workers E was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date for payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F in the court;

1. Application of Acts and subordinate statutes to the calculation statement of average wages and retirement allowances, E benefits and expenditure statement;

1. Article 44 subparagraph 1 of the Guarantee of Workers' Retirement Benefits Act and Article 9 of the same Act concerning criminal facts;

1. Selection of fines;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act ( comprehensively considering favorable circumstances, such as the fact that the defendant is a prospective borrower, the fact that the defendant was not in arrears, the fact that there was no fixed intention, and the fact that there was no conclusive intention