The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a person who is a manager of D in Chungcheong-gun C, and runs a retail business with three regular workers.

1. When an employee retires, the employer shall pay all money and valuables, such as wages, within 14 days from the date of his retirement unless there exists an agreement on extension of the due date between the parties concerned;

Nevertheless, the Defendant did not pay KRW 1,535,480 on November 22, 2014, which was worked from October 23, 2008 to November 22, 2014 at the above workplace, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

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, the Defendant did not pay KRW 4,884,30 of E retirement pay from October 23, 2008 to November 22, 2014 at the same place of business within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Application of Acts and subordinate statutes to the calculation of average wages and retirement allowances;

1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 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 Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do148, Aug. 21, 2015);