The sentence of sentence against the defendant shall be suspended.

Summary of Evidence

The defendant is the representative of building B and C in Incheon Nam-gu, and the third floor, who runs restaurant business using 12 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;

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

Nevertheless, the Defendant is working from January 29, 2016 to May 19, 2018 at the above workplace.

D's wage of 1,906,000 won in May 2018 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and

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

Nevertheless, the Defendant is working from January 29, 2016 to May 19, 2018 at the above workplace.

The retirement allowance of 5,883,761 won 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. Statement by the defendant in court;

1. A written statement of D;

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

1. Article 109(1) and Article 36 of the former Labor Standards Act (amended by Act No. 15108, Nov. 28, 2017); the main text of Article 44 subparag. 1 and Article 9 of the Act on Guarantee of Workers’ Retirement Benefits; the choice of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The sentencing of Article 59(1) of the Criminal Act is rendered.