The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the employer who runs a construction business using two full-time workers as the inside directors of Geumcheon-gu Seoul Metropolitan Government Co., Ltd. D in-house directors.

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 period may, under special circumstances, be extended by mutual agreement between the parties concerned;

Nevertheless, the Defendant did not pay 24,20,000 won in total, as stated in the attached crime list, as well as 1,100,000 won in January 1, 2017, which worked from October 15, 2015 to February 25, 2018 at the above workplace, within 14 days from the date of retirement without agreement between the parties on extension of the due date.

2. When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred: Provided, That the period may, under special circumstances, be extended by mutual agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 4,173,020 of F retirement pay from October 15, 2015 to February 25, 2018 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. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Payment certificate;

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

1. Article 109 (1), Article 36 of the Labor Standards Act on criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of which payment of retirement allowances is not made);

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

1. Selection of an alternative fine for punishment;

1. Reasons for sentencing under Article 59(1) of the Criminal Act (a fine of KRW 1,00,000,000 to be suspended of sentence, and a fine of KRW 1,00,000 per day to be detained in a workhouse) of the suspended sentence are as follows: