The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative of Seocho-gu Seoul Metropolitan Government Btel C, who is a user who performs painting construction works in a multi-family housing site, such as Jeonju, Incheon, Anyang, etc. with seven full-time 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 in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the above site from July 26, 2017 to December 1, 2018, served as painting and retired from the said site, did not pay the total of KRW 3,000,000 in wages of October 1, 2018, monthly wage of KRW 3,900,000 in November 2018, and wage of KRW 150,000 in December 2018, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

(b) When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.

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

Nevertheless, the Defendant, at the above site, served as a painting from July 26, 2017 to December 1, 2018 and did not pay KRW 5,109,569 of the retirement pay of E, which was retired, within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

1. Statement (E);

1. A written calculation of average wages and retirement allowances;

1. Application of Acts and subordinate statutes to the statement;

1. Article 109 (1), Article 36 of the Labor Standards Act, Article 44 subparagraph 1, or Article 9 of the Guarantee of Workers' Retirement Benefits Act, which applies to facts constituting an offense;

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 500,000 won to be suspended;