The sentence of the defendant shall be suspended.

Punishment of the crime

The defendant is the representative director of the Dispute Resolution Co., Ltd. in Busan, which is located in B, and is an employer as a person in charge of business management who ordinarily employs 60 workers.

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

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

The Defendant, at the same place of business, has been on duty and has been on duty from September 1, 2016 to April 30, 2018.

The retirement allowance of retired workers E is KRW 4,720,411 and the same place of business from September 1, 2016 to January 27, 2018.

In the absence of agreement between the parties to the extension of the due date for payment, the maximum worker F's retirement pay of KRW 9,034,849 was not paid within 14 days from the date of retirement.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each retirement allowance calculation statement, salary statement, trade statement by account, labor contract, and wage ledger;

1. Domestic death reports (the method of paying retirement allowances in time is null and void as it violates the Guarantee of Workers' Retirement Benefits Act, which is a mandatory law, and even if paid in accordance with the above method, it is not effective as a retirement allowance payment. As such, if an employer refuses to pay retirement allowances to retired workers on the ground of an agreement that “the retirement allowances are included in monthly pay or daily pay,” which is not legally effective, it shall not be deemed that there are reasonable grounds for contesting the existence of the obligation to pay retirement allowances, and it shall not be deemed that the employer has no intention to pay retirement allowances, and it shall not be deemed that there is no intention to do so with respect to unpaid retirement allowances (see, e.g., Supreme Court Decision 2007Do4171, Aug. 23, 2007)).

1. Criminal facts;