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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[2015 Highest 984] The Defendant is a representative of F in the Hanam-gun E, Gyeongnam-gun, who is engaged in manufacturing of steel structures on a regular basis with six regular employees.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
However, the Defendant did not pay KRW 1,037,50,500 out of the wages paid in March 2015 by employees G retired from the said workplace from around November 20, 201 to around September 15, 201, the wage of KRW 4,524,00 for April 2015, the wage of KRW 4,810,00 for May 2015, the wage of KRW 4,225,00 for June 2015, the wage of KRW 3,705,00 for July 2015, the wage of KRW 351,00 for August 35, 2015, the wage of KRW 1,527,00 for September 1, 2015, and the wage of KRW 201,57,000 for the extended period from September 25, 2015 without agreement between the parties to retirement.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
However, the Defendant did not pay the total of KRW 12,767,908 of the retirement allowances of retired workers G in the above workplace within 14 days from the date of retirement, which is the date on which the ground for payment occurred, without any agreement between the parties on the extension of the due date.
[2016 Highest 495]
1. Embezzlements against the victim's two capitals;
A. On May 16, 2013, the Defendant entered into a lease agreement to pay approximately 410,000 won monthly rent for 36 months at the office of F Co., Ltd. operated by the Defendant in Haan-gun, Haan-gun on May 16, 2013, and transfer the said machinery as debt repayment to the F Co., Ltd., Seoul Special Metropolitan City around January 2015 while keeping the said machinery for the victim.