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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The defendant is the representative of corporation D in Seo-gu Incheon, who runs a manufacturing business using 40 full-time workers.
The Defendant did not pay KRW 4,385,929 in total, KRW 2,699,545 in E’s retirement allowance and annual leave allowance of KRW 1,686,384 in the said workplace from November 1, 2008 to May 2, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment, without agreement between the parties to the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness E;
1. Application of Acts and subordinate statutes to a contract-based worker's annual salary contract, detailed statement of each salary, standard table of employment contracts and calculation of wages, ledger of wages and work records, details of calculation of retirement allowances;
1. Articles 109(1) and 36 of the Act on the Guarantee of Workers' Retirement Benefits (which was amended by Act No. 10967, Jul. 25, 201) and Articles 31 and 9 of the former Guarantee of Workers' Retirement Benefits (which was not paid retirement allowances) [the prosecutor charged for unpaid retirement allowances among the facts charged in the instant case by applying Articles 109(1) and 36 of the Labor Standards Act. However, the Guarantee of Workers' Retirement Benefits Act was enacted by Act No. 7379, Jan. 27, 2005; and Article 34 of the Labor Standards Act also revised that “the retirement benefit payment system that an employer retires workers shall be governed by the Guarantee of Workers' Retirement Benefits Act with respect to retirement benefits payment system that an employer retires workers after the date of entry into force of the Guarantee of Workers' Retirement Benefits Act; thus, the employer’s obligation to pay retirement allowances to an employee after the date of entry into force of the Act and the application of the applicable provisions of the Labor Standards Act to the same ex officio shall vary.