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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is a user who runs a manufacturing business by using eight full-time workers as the representative of the D Building and E-Dong at the time of strike.
1. Where a worker dies or retires, the employer unpaid wages shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from September 1, 2007 to August 31, 2018, did not pay wages of KRW 2.5 million to workers G on May 2018, 2018, and did not pay wages of KRW 4 workers within 14 days from the date when the cause for payment occurred without an agreement on extension of the due date between the parties concerned, as stated in the [Attachment Table Nos. 3 through 6].
2. Where a worker retires, the employer who is not paid a retirement allowance shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the retirement allowance of KRW 20,193,493 of G retirement allowance of workers who worked from September 1, 2007 to August 31, 2018 at the above workplace, and did not pay the retirement allowance of KRW 20,193,493 to four workers within 14 days from the date when the cause for payment occurred without an agreement on extension of the payment date between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of the witness B, H, C, G, I, and J;
1. The police statement of H;
1. W, G, J and C’s written statements;
1. Details, calculation of retirement allowances, settlement of accounts in arrear of wages, average wages and retirement allowances, corporate register, etc.