The sentence of sentence against the defendant shall be suspended.

Of the facts charged in this case, violation of the Guarantee of Workers' Retirement Benefits Act.

Punishment of the crime

The Defendant is an employer who operates a private teaching institute business with ten regular workers at C&A located in Gyeonglbuk-gun B.

When an employer intends to dismiss a worker, he/she shall do so 30 days prior to the dismissal, and if he/she fails to do so 30 days prior to the dismissal, he/she shall pay the ordinary wages for not less

Nevertheless, the Defendant notified D of dismissal on June 16, 2012 to D, who was working at the pertinent private teaching institute, and did not pay KRW 2,100,000, which is the ordinary wage for 30 days, even though D retired on July 10, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 110 Subparag. 1 and Article 26 of the former Labor Standards Act (amended by Act No. 11270, Feb. 1, 2012) (amended by Act No. 11270, Feb. 1, 201);

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. The rejection of prosecution under Article 59(1) of the Criminal Act (i.e., agreed with D), (ii) of the suspended sentence; (iii) details leading to the commission of the crime; and

1. The gist of the facts charged is that the Defendant is an employer who runs a private teaching institute business with ten full-time employees at C&A located in G&A, G&C.

When a worker retires, the employer shall pay retirement allowances within 14 days from the date when the cause for such payment occurred, unless agreed by the parties to the extension of the due date.

Nevertheless, the defendant is working at the above private teaching institute.

On July 10, 2012, the retirement pay of D's retirement pay of KRW 8,512,720, which was retired on July 10, 2012, was not paid until 14 days from the date of retirement without an agreement

2. The facts charged in this part of the judgment are crimes falling under Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and cannot be prosecuted against the victim's clearly expressed intent under the proviso of Article 44 of the Guarantee of Workers' Retirement Benefits Act. According to the agreement compiled in the trial records and the statement of withdrawal of a complaint, the prosecution of this case is instituted.