Text
The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is the representative of the D Co., Ltd. in Daegu Northern-gu C, who runs trade business with 20 full-time workers.
When a worker retires, the employer shall pay retirement allowances within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties to the extension of the due date.
Nevertheless, the Defendant is in charge of affairs and business management from January 7, 2008 to October 31, 2012 at the above workplace.
The retirement allowance of retired E was not paid 5,851,476 won within 14 days from the date of retirement without an agreement on the extension of the due date for payment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to the calculation statement of average wages and retirement allowances (44 pages of investigation records);
1. Article 44 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Workers' Retirement Benefits Selection concerning facts constituting an offense;
1. Penalty of one million won to be suspended;
1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);
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 200