The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a representative of D Co., Ltd. who employs ten full-time workers in Jeonsung-gun C and engages in the business of manufacturing cremation paper.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables 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 had worked from October 1, 201 to August 6, 2014 at the above workplace and had retired workers E’s wages of KRW 2,520,000 in July 201, and August 2014, the Defendant did not pay KRW 2,520,000 in total, including the wage of KRW 420,00 in August 201, within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

2. When a worker retires, the employer shall pay him/her retirement allowance within 14 days from the date of such retirement unless there exists an agreement between the parties on extension of the due date.

Nevertheless, on December 4, 2014, the Defendant did not pay KRW 4,454,612 of the F retirement pay of retired workers in the said workplace and KRW 5,684,612 of the retirement pay of retired workers E on August 7, 2014 at the said workplace, without any agreement on the extension of the respective payment date, until 14 days from the date of retirement.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement to F and E;

1. The merger contract;

1. Copy of each corporate register;

1. Application of Acts and subordinate statutes to each written retirement allowance calculation;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violating the Labor Standards Act for Workers E, the crimes of violating the Guarantee of Workers' Retirement Benefits Act, and the punishment imposed on the crimes of violating the Labor Standards Act of more severe punishment);

1. Selection of penalty: