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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a C representative in Gyeonggi-si, who is a user who operates a motor vehicle parts manufacturing business using 68 full-time workers.
[2013 Highest 1231]
1. The Defendant violating the Labor Standards Act is working in the above workplace from September 1, 2007 to November 24, 2012.
The employer did not pay the total amount of KRW 9,278,840 to four employees, including KRW 1,653,160 of the wages of retired workers D, within 14 days from the date of occurrence of the cause for payment, without any agreement on extension of the due date, as stated in the details of the money and valuables in arrears.
2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is working in the above workplace from January 2, 1994 to September 16, 2012.
The retirement allowance of retired workers E, including KRW 62,233,510, did not pay the total amount of KRW 108,894,810 to six workers within 14 days from the date of retirement without any agreement on extension of the due date, as stated in the details of the attached money and valuables in arrears.
[2013 Highest 1439]
1. The Defendant violating the Labor Standards Act is working in the above C from March 2, 2004 to February 28, 2013.
Wages and annual allowances for four workers, and year-end annual allowances for 19,396,040 won, including wage 3,49,520 won, annual salary 815,990 won, year-end year-end settlement amount 205,200 won, as shown in the attached list of crimes, were not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date for payment.
2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act is serving in the above C from March 2, 2004 to February 28, 2013.
32,019,090 won, including 16,883,810 won of retirement allowances of retired workers, was not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date, as stated in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. The police statement concerning G;
1. E, H, I, .