The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

피고인은 고양시 일산동구 B건물 5층에 있는 C어학원 실경영자로서 상시근로자 2명을 사용하여 교튱서비스업을 하고 있는 사용자이다.

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 works from February 1, 2011 to January 15, 2014 at the above workplace.

A retired worker D did not pay 900,000 won for January 2014 within 14 days from the date of retirement without an agreement between the parties on the 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; and

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

Nevertheless, the Defendant is working from February 1, 2011 to January 15, 2014 at the above workplace.

3,560,860 won of retirement allowances of retired workers D was not paid within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition;

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

1. Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, and Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of unpaid retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (the conversion of 100,000 won into one day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (the fact that there are circumstances in which the defendant does not pay wages and retirement allowances (the wages and retirement allowances);