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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is the representative of C in Yongcheon-si, who is engaged in the manufacturing industry with three full-time workers. A.
An employer of money or valuables liquidation (Article 36 of the Labor Standards Act) shall, when a worker dies or retires, pay wages, compensations, or 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 did not pay KRW 6,841,166 in total amount of wages on March 2, 2018 and April 2018, when he/she worked in the above workplace from April 1, 2010 to April 30, 2018 within 14 days from the date on which the cause for payment occurred, without agreement between the parties to an extension of the due date.
(b) An employer who pays a retirement allowance (Article 9 of the Guarantee of Workers' Retirement Benefits Act) shall, in cases where a worker retires, pay the retirement allowance within 14 days from the time when the relevant payment has occurred;
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 26,603,264 of D retirement pay, which was worked from April 1, 2010 to April 30, 2018 at the above workplace, within 14 days from the date of occurrence of the cause for payment, without agreement between the parties to the extension of the due date.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes to the petition and the police statement of D;
1. Article 109 (1), Article 36 of the Labor Standards Act concerning criminal facts, Article 44 subparagraph 1, and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of not paying 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. A fine of five million 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. Wages in arrears with workers due to receipt of deposit money, etc. according to the conclusion of a civil judgment under Article 59(1) of the Criminal Act of the suspended sentence.