The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a user who operates the F in Seocho-gu Seoul Metropolitan Government E.

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

Nevertheless, the Defendant did not pay KRW 283,390,00 from August 28, 2013 to October 28, 2014, when the cause for the payment thereof occurred.

Summary of Evidence

1. Partial statement of the defendant;

1. Employment contracts;

1. Application of Acts and subordinate statutes to the petitioner and his/her agent;

1. Article 44 of the relevant Act on criminal facts and Article 44 of the Guarantee of Workers' Retirement Benefits Act and the Selection of fines;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The portion not guilty under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 59(1) of the suspended sentence;

1. The Defendant is an employer who operates F in Seocho-gu Seoul Metropolitan Government E.

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

Nevertheless, the Defendant did not pay KRW 1,596,01 of the total amount of workers G’ overtime allowances working at the workplace from around November 1, 2010 to June 30, 2012, from around August 28, 2013 to October 28, 2014, within 14 days from the time when the cause for the payment occurred.

2. Comprehensively taking account of the judgment records and the witness H and I’s legal statement, G was at least 3 hours (30 minutes from 10:30 to 11: 30 minutes, 14:30 to 15 hours, 30 minutes from 15 to 18 hours, and one hour and 30 minutes from 21:30 minutes, and 30 minutes from 21:30 to 21:30 minutes), while serving 4 days from the ordinary day, G was at least 4 days from the ordinary day.