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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant, as a representative director of C, is an employer who operates C’s private teaching institute by employing approximately 40 full-time workers in Ansan-gu D while becoming aware of.
[2012 Highest 1225] The Defendant, while working in the said workplace from July 22, 2011 to August 28, 2012, did not pay the amount of KRW 2,400,000 of the retirement worker E’s July 7, 2012, and the amount of KRW 2,400,000 of the wages and retirement allowances for August 2, 2012, and KRW 2,617,987, within 14 days from the date of the occurrence of the cause for the payment, without agreement on the extension of the due date.
[2013 Highest 103]
1. The Defendant violated the Labor Standards Act, while working in the said workplace from February 29, 2012 to August 31, 2012, the Defendant did not pay 20 workers totaling KRW 1,217,50,000 to June 6, 2012 of retired workers F, and KRW 2,767,00 for July 2, 201, and KRW 2,220,50 for August 201 without agreement on extension of the due date for payment, and did not pay KRW 6,184,50 for 6,184,50 for 20 workers within 14 days from the date of retirement, which is the date of the cause for payment, as shown in the attached Table 1 of the Day of Crimes.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the retirement allowance of KRW 6,061,418 to the retired workers G while working in the above workplace from March 1, 2010 to August 31, 2012, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, and did not pay the total amount of KRW 119,346,261 to the 16 workers as shown in the attached list 2 of the crimes committed in the attached Table.
[2013 Highest 104] The Defendant worked at the said workplace from November 1, 2007 to August 18, 2012, and then retired workers H during eight months from October 201 to May 2012, 201, wage of 235,00 won per month, wage of 1,39,905 won for June 201, wage of 2012, wage of 2,650,000 won for July 2, 2012, wage of 1,598,710 won for August 2012, and annual allowance of 390,635 won for 2012, without agreement on the extension date.