The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant is the representative of Daegu-gun Group B and C located in the fourth floor and is an employer who is engaged in universal education service business by ordinarily employing 4-5 workers.

1. 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 worked as an English instructor from March 13, 2018 to February 19, 2020 at the above workplace, and did not pay KRW 3,135,393 of retirement allowances of retired workers D within 14 days from the date of retirement, which is the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date.

2. An employer shall clearly state wages, prescribed working hours, holidays under Article 55, annual paid leaves under Article 60, and other working conditions prescribed by Presidential Decree in concluding a labor contract;

Nevertheless, the defendant worked as an English instructor in the above workplace, and did not comply with the labor contract concluded on March 13, 2018 with D workers who retired from office.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to D;

1. Article 114 subparagraph 1 of the relevant Act concerning facts constituting an offense, Article 114 and Article 17 of the Standards for Selective Labor, Article 4 subparagraph 1 and Article 44 subparagraph 9 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid as retirement, and which shall be selected as fines);

2. A fine of 500,000 won to be suspended;

3. Article 70(1) and Article 69(2) of the Criminal Act (the daily calculation amount: 100,000 won) of the Criminal Act to attract a workhouse.

4. Article 59 (1) of the Criminal Act (including the fact that the full amount of retirement has been paid, the reflective fact, the primary fact, and other factors, such as the motive and circumstances leading to the crime) of the suspended sentence.