The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a user who engages in transportation business as the representative of the E partnership company located in D D at the time of strike.

From April 10, 2006 to August 31, 201, the Defendant did not pay KRW 2,433,960, out of retirement allowances to workers F employed and worked as a driver in the foregoing E limited partnership company, within 14 days from the date of retirement, without agreement on extension of the due date.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G in part;

1. A written petition;

1. Application of each statute on deposit details;

1. Article 109(1) and Article 36 of the Labor Standards Act concerning criminal facts, and the choice of fines;

1. Penalty fine of 500,000 won to be suspended;

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

1. The assertion and determination of the defense counsel under Article 59(1) of the Criminal Act (see, e.g., the circumstances leading to the instant case, the management characteristics of the taxi industry, and the relationship with other taxi drivers, etc.)

1. With respect to the excess taxi commission of certain taxi drivers, such as the claimed F by the defense counsel, accounting staff has managed the amount equivalent to the excess amount of the above taxi commission individually at the request of the above taxi engineer in consideration of the convenience of the taxi engineer. As such, the possibility of management and control of the company cannot be recognized.

Therefore, excess taxi commission earnings are not included in the average wage that serves as the basis for calculating the instant retirement allowance.

2. If the transport company has left the balance obtained by deducting a certain amount of taxi commission paid to the company from the daily transport earnings, taking into account the unique characteristics of the form of work and the convenience of calculation, in addition to paying a certain amount of money according to the number of actual working days each month to its employees, the part which is the individual's income and has become the individual's income and has been left to a free disposition, the said part shall also be considered as the wage, which is