The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant, as a representative of D real representative in Jeju, is an employer who runs food business, etc. using 18 full-time workers.

(a) When a worker dies or retires, the employer shall pay the wages, retirement allowances, compensation, and other money or 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, who retired from the said workplace from November 23, 2014 to May 8, 2016, did not pay the amount of KRW 526,60 in May 2016, as well as KRW 1,809,670 in July 23, 2015, as well as KRW 3,269,9,930 in total, and KRW 5,606,260 in money and valuables within 14 days from the date of retirement without agreement on the extension of the payment date between the parties.

(b) When concluding an employment contract, the employer shall specify wages, prescribed working hours, holidays, annual leaves, etc. to the worker, and shall provide the items and methods of calculating the double wages, prescribed working hours, prescribed working hours, holidays, and annual paid leaves in writing.

Nevertheless, while concluding a labor contract with a retired employee E from November 23, 2014 to May 8, 2016, the Defendant did not issue such a written labor contract as failing to conclude the said contract.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of written statements and petitions of E and F;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts; Articles 114 subparag. 1, 17(1), and 17(2) (a) of the Labor Standards Act on the Standards for Workers’ Retirement Benefits; Articles 44 subparag. 1 and 9 of the Act on the Guarantee of Workers’ Retirement Benefits (a point of non-payment of wages);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selective wages and retirement allowances;