The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the representative director of E, a corporation engaged in the same type of business at the same place at the same time as the person engaged in construction machinery contracting and leasing business under the trade name of Nam-gu C at port, who is an employer engaged in construction machinery contracting and leasing business using eight full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and when the worker retires, he/she shall pay the retirement allowances within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, from around December 11, 1998, worked in the above workplace and on March 3, 2013, did not pay KRW 290,320 and retirement pay KRW 42,715,060 for the portion of March 3, 2013 within 14 days from the retirement date of F (Death, March 26, 2013).

Accordingly, the defendant did not pay a retirement allowance within the same period at the same time when the worker retires.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation, average wages, and retirement allowance calculation statement;

1. Article 109(1) and Article 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);

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

1. Selection of an alternative fine for punishment;

1. Fine of 500,000 won under the suspended sentence;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (including the fact that a worker does not want punishment against the defendant under an agreement with the bereaved family members of the worker);