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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
(e).
Reasons
Criminal facts
The defendant is an operator of E Co., Ltd. in Ansan-si, an employer who operates a private teaching institute business using 34 full-time workers.
1. The Defendant in violation of the Labor Standards Act did not pay the total amount of KRW 63,83,166 to 22 employees as indicated in the list of crimes (excluding No. 9 and No. 19) including the fact that the Defendant, from June 3, 2013 to July 31, 2013, employed workers F and had them work, and that wages of KRW 1,498,850 were not paid within 14 days from the date of retirement without an agreement on the extension of the payment due date between the parties concerned, within 14 days from the date of retirement without any agreement on the extension of the payment due date between the parties concerned.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 27,473,425 as retirement allowances for 10 workers within 14 days from the date of retirement without an agreement on the extension of the payment deadline between the parties, as stated in the list of crimes (excluding the sequence No. 8, 10 among them) including the fact that the Defendant, from around December 26, 201 to around October 31, 201, hired workers and had them work for the said workplace from the said workplace and did not pay KRW 3,623,55 as retirement allowances, and did not pay within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned.
Summary of Evidence
1. Defendant's legal statement;
1. Written complaints from F, G, H, I, K, K, L, M, N, P, Q, R, T, U, V, X, Y, Z, Z and AA;
1. A criminal investigation report;
1. To apply Acts and subordinate statutes to the details of overdue payments, average wages and retirement allowances, and the details of personal arrears;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, as well as Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point where retirement allowances are not paid);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The defendant under Article 62 (1) of the Criminal Act is subject to suspended execution;