The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is a representative of the C cafeteria located in Namyang-si B, who ordinarily employs one worker and operates a Chinese food business.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW D’s wages of KRW 366,00 on June 24, 2017, which had worked in the said workplace from February 15, 2016 to June 24, 2017, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without an agreement between the parties on the extension of the due date for payment.

(b) Where an employee retires, an employer shall pay a retirement allowance within 14 days after the cause for such payment occurred;

Nevertheless, the Defendant did not pay KRW 4,785,706 of D retirement pay from February 15, 2016 to June 24, 2017 at the same place of business within 14 days from the date of retirement, which is the date of the occurrence of the reasons for payment, without agreement between the parties on the extension of the payment deadline.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the written petition or the statement protocol by the petitioner;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (not being paid of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Penalty fine of 300,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (one hundred thousand won per day converted);

1. Article 59(1) of the Criminal Act of the suspended sentence (the fact that the defendant recognized the crime of this case and against the defendant, the defendant paid the full amount of wages and retirement allowances on August 31, 2017, the delayed period of payment, and the fact that the employee did not want criminal punishment against the defendant upon receiving wages and retirement allowances from the investigative agency by September 30, 2017, and the defendant stated that the defendant does not want to criminal punishment against the defendant by September 30, 2017.