The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The defendant is the D representative of the 10th floor in Daegu Jung-gu, who is an employer who employs eight full-time workers and operates a food service business.

1. 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;

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

Nevertheless, the defendant is working from November 19, 2012 to January 29, 2014 at the above workplace.

On January 30, 2014, an employee E’s annual allowance of 469,800 won retired on January 30, 2014 was not paid until 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties

2. When a worker retires, the employer shall pay the retirement allowance within fourteen 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 November 19, 2012 to January 29, 2014 at the above workplace.

On January 30, 2014, a retired worker E's retirement allowance of 936,980 won was not paid until 14 days from the date of retirement, which is the date of the occurrence of the cause for payment, without agreement between the parties to the extension of the due date.

Summary of Evidence

1. The defendant's statement on the fifth trial date in court;

1. Protocol of examination of a witness E;

1. Application of Acts and subordinate statutes to each order for submission of the North Daegu Tax Office;

1. Relevant Article 109 (1) and Article 36 of the Labor Standards Act concerning criminal facts, Articles 109 (1) and 36 of the Act on the Selection of Punishment, Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, and selection of fines;

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

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) for the detention of a workhouse.