The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

Defendant is an individual entrepreneur who employs five full-time workers under the trade name of the D located in Seojin-gu Seoul Metropolitan City Co., Ltd.

(a) When a worker dies or retires, the employer shall pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant did not pay KRW 1,500,000 from the date of retirement within 14 days from the date of retirement without an agreement between the parties on the extension of the payment deadline between the parties, who retired from the said workplace as they worked from February 2, 1998 to October 31, 2015.

(b) An employer shall pay a retirement allowance within 14 days after the grounds for payment occur, if the employee retires;

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

Nevertheless, the Defendant did not pay the total amount of KRW 8,983,245 of the retirement allowances of E retired from the said workplace from April 9, 2009 to October 31, 2015 within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

1. Articles 109(1) and 36 of the Labor Standards Act for the relevant Act on criminal facts, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act (which shall not be paid for retirement);

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

1. Selection of an alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence (the fact that the defendant fully commits the instant crime, the fact that the unpaid wages and retirement allowances are not large amount, and the unpaid wages and retirement allowances are paid to the victim.