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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On February 24, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of the Labor Standards Act in the Suwon District Court’s Ansan Branch.
The Defendant, as an operator of the “(State)C” in subparagraph 2Ra 302 of Article 2 of the Si Culture and Arts Corporation, is a person who runs a gold business with 20 full-time workers.
1. When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurs;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the unpaid wages of D from June 27, 2013 to January 10, 2015, KRW 2,265,898, and KRW 580,638, and KRW 3,511,440, and KRW 3,515,40, and KRW 40,000 of unpaid wages of G from June 27, 2013 to May 30, 2015, to KRW 580,638, and KRW 40,00 of unpaid wages of H from June 7, 2013 to June 8, 2015; and KRW 3,51,440,000 of unpaid wages of G from March 5, 2015 to July 10, 2015; and KRW 14,540,000,000 of unpaid wages of H from July 20, 2015 to July 2015.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred; and
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the above workplace from July 2, 2010 to August 28, 2013, worked for the period from October 7, 2013 to June 8, 2015 as F’s retirement pay 2,983,948 won, and I’s retirement pay 2,547,446 won from November 1, 2012 to October 10, 2014; and D’s working for the period from June 27, 2013 to October 10, 2015.