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Defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three hundred thousand won.
However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant of "2017 Highest 5061" is the representative of C Co., Ltd. located in Hasung City B.
1. An employer in violation of the Labor Standards Act has paid all money and valuables, such as wages, within 14 days from the time when the grounds for such payment occurred, in the absence of an agreement between the parties concerned, if a worker dies or retires, the Defendant did not pay 33,492,696 won, including 215,848 won in May 2, 2016 for the worker D who worked in the said company from February 2, 2015 to March 31, 2017, as indicated in the list of crimes in the attached list of crimes, for two workers, within 14 days from the date of retirement without an agreement between the parties concerned.
2. An employer violating the Act on the Guarantee of Retirement Benefits of Workers has not paid the retirement allowance within 14 days from the date of the retirement unless agreed by the parties concerned, but the Defendant did not pay the total amount of KRW 28,736,335 as stated in the attached Form List of Crimes, including KRW 5,404,109, to the employees D, as well as KRW 28,736,335, to the two employees, within 14 days from the date of the retirement without an agreement between the parties concerned.
The defendant of "2017 Highest 5295" is an actual manager of the agricultural corporation E, a corporation in Gyeonggi-si B, who employs ten full-time workers.
1. The Defendant in arrears with wages did not pay KRW 4,516,127,00, totaling KRW 4,516,127,00 on October 1, 2016, as well as KRW 516,127,00, which was retired from the said workplace from office, from October 28, 2016 to November 30, 2016, within 14 days from the date of retirement without agreement between the parties on the extension of the payment deadline.
2. On October 28, 2016, the Defendant, while entering into a labor contract with a worker F at the above workplace on or around October 28, 2016, shall prepare and deliver a labor contract specifying the working conditions, such as wages, prescribed working hours, holidays, and annual paid leaves.