The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is an employer who engages in housing management business by employing three full-time workers as the chairperson of the representative meeting of occupants of the Incheon Gyeyang-gu apartment complex.

1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen 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 did not pay KRW 1,402,170 within 14 days from the date of retirement, without agreement between the parties to the extension of the payment deadline, for the annual unused allowance of D 289,440 won and for the annual unused allowance of D 289,440 won from June 1, 2014 to August 31, 2016, which had been employed by the managing director from September 1, 2014 to August 31, 2016.

2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay the amount of KRW 5,306,820 of the retirement pay of KRW 1,223,680 and the total amount of KRW 4,083,140 of the E retirement pay of KRW 5,306,820 as the Management Director from September 1, 2014 to August 31, 2016, within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. Each legal statement of witness D and E;

1. Statement made by the police with regard to D (including the part concerning E statements);

1. Application of Acts and subordinate statutes to accusation, inquiry about history of employment insurance, investigation report (limited to a labor contract and a copy of a contract for management of consignment of multi-family housing);

1. Articles 109(1) and 36 of the Labor Standards Act (which shall not be paid of wages) for facts constituting an offense.