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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The defendant is an employer who runs a construction business by employing eight full-time workers under the trade name called "C (P)" in the Gyeongnam-si, Kim Jong-si.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total of KRW 13,200,000 from the date of retirement to the expiration of 14 days from the date of retirement without agreement between the parties to the extension of the due date for payment, while serving in the construction site of a new loan located in Daejeon-gu Daejeon-gu, Daejeon-gu, and serving in the period from April 1, 2018 to June 30, 2018 and retired from office.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness F;
1. Each prosecutor's statement concerning G and F;
1. A report on investigation and internal investigation;
1. Application of Acts and subordinate statutes, such as filing of a complaint, petition, package entry of daily benefit, certificate of remittance, customer director, work-day supervisor, work-day worker wage ledger, power of attorney for the performance of labor costs, ledger of daily wages for workers employed on other days, and revised statement of wages for the workers employed on other days;
1. Article 109 (1) and Article 44-2 (1) of the Labor Standards Act concerning criminal facts, the choice of fines, and the selection of fines;
1. Penalty fine of KRW 1,000,000 to be suspended;
1. Articles 70 (1) and 69 (2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;
1. Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence 59(1) of the Criminal Code (the prosecution against the violation of the Labor Standards Act concerning the remaining workers except E was dismissed by paying the worker’s wages, etc. even though the payment of wages was delayed, the defendant was divided in depth and paid the worker’s wages, etc.) was all dismissed. After receiving the worker’s wages, contact with F was cut down due to personal circumstances and the defendant did not receive the agreement (the circumstances after the witness F