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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is an employer who employs three or twenty full-time workers as the operator of the V Co., Ltd. and W Co., Ltd. located in U of Busan District, respectively.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
"2018 Highest 668"
1. The Defendant, from November 2, 201 to November 30, 2017, worked at the electrical construction site of the Defendant’s V Co., Ltd. located in Kimpo-si, Kimpo-si and did not pay KRW 4,320,00 on November 1, 2017 to his retired workers within 14 days from the date on which the cause for payment occurred without agreement between the parties to the extension of the payment deadline, and did not pay KRW 9,540,000 for each worker’s total amount of 4 workers’ wages within 14 days from the date on which the cause for payment occurred, as described in Articles 3, 4, 8, and 10.
2. The Defendant, from around April 8, 2017 to May 30, 2017, worked at the place of business of the said Defendant’s operating company, and did not pay KRW 2,475,00 of the wages of April 2, 2017 to retired workers within 14 days from the date of occurrence of the cause for payment without agreement between the parties to the extension of the payment deadline, and did not pay KRW 11,974,193 in total of the wages of two workers within 14 days from the date of occurrence of the cause for payment, as described in Articles 2 and 3 of the detailed statement of money and valuables in arrears by each employee in attached Form 2.
The defendant 2,735,727 won in total, including the wage6,00,000 won of the J that retired from the said workplace from January 3, 2017 to March 27, 2017, shall be paid within 14 days from the date of retirement, without any agreement between the parties on the extension of the payment deadline.