The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the violation of the Labor Standards Act and workers B.

Punishment of the crime

The defendant is the actual manager of E Co., Ltd. in Gangseo-gu Seoul Metropolitan Government D, who runs a logistics warehouse business using 17 full-time workers.

When a worker dies or retires, an employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.

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

Nevertheless, the Defendant is working in the workplace from July 18, 201 to April 30, 2018.

The retired F's retirement pay of 15,608,734 won was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on business registration certificates, employment contracts, details of calculation of retirement allowances;

1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits, and Selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence shall be suspended in consideration of the fact that the defendant for sentencing under Article 59(1) of the Criminal Act recognizes the crime, the defendant does not seem to have been in bad faith, and the payment of the unpaid retirement pay in full, etc.

Public Prosecution Rejection Parts

1. The summary of the facts charged is working at the Defendant’s workplace from October 18, 2010 to July 31, 2017.

Labor at the same workplace as wages, etc., 616,538 won, retirement allowances, 6,750,741 won, and from September 1, 2010 to April 30, 2018.

The retirement allowance of the retired C was not paid 20,064,228 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

2. Determination

(a) Applicable provisions of Acts: Articles 109(1) and 36 of the Labor Standards Act (the point of payment of wages) and Article 44 subparag. 1 of the Guarantee of Workers' Retirement Benefits Act;