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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, Nos. 1, 3 through 5, 7, 10, and 10 of the attached Table 1 of the sight of crimes.
Reasons
Punishment of the crime
The defendant, as the representative director of F Co., Ltd. in Ansan-si E, is an employer who runs a bamboo manufacturing business using 20 workers on a regular basis.
[2018 Highest 109) An employer has paid wages at least once a month on a fixed date, but the Defendant did not pay the total amount of 60,724,595 won to six workers at the above workplace (G, H, I, J, K, and L), such as G, H, I, K, and 15 (15th day of each month) as shown in the List of Crimes I.
[2018 Highest 1462] The Defendant did not pay 47,007,173 won in total as wages and retirement allowances of two workers (G and K) retired from the said workplace, as shown in Appendix II No. 1,9,000,000, as well as retirement allowances of two workers retired from the said workplace, within 14 days from the date of retirement, without any agreement between the respective parties on the extension of the payment deadline.
[2018 Highest 1692] The Defendant did not pay the amount of KRW 2,406,070,070, totaling the amount of KRW 1,936,070, Nov. 1, 2017 to the employees M who retired from the said workplace from November 7, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment dates.
[2018 Highest 2537]
1. The Defendant in violation of the Labor Standards Act did not pay KRW 62,393,170 as the sum of the wages of five workers (H, I, J, L, and N) retired from the said workplace, as shown in the attached Table 3 Nos. 2, 4, 5, 7, and 8 of the Labor Standards Act, and the annual settlement refund, within 14 days from the date of retirement, without any agreement on the extension of the payment date between the respective parties.
2. The Defendant violated the Act on the Guarantee of Workers’ Retirement Benefits did not pay KRW 17,090,422, KRW 16,542,427, and KRW 13,874,223, and KRW 5,729,153 of the same worker’s retirement allowance of the same worker J, within 14 days from the date of the retirement without any agreement on the extension of the payment period between the parties concerned.
Summary of Evidence
[2018 Highest 1099]