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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[In fact, Defendant 1 is the representative of (ju)G, who is a general restaurant company on the second floor of the F Building in Seo-gu, Seo-gu, Seo-gu, Seo-si, Seo-gu, and employs 40 full-time workers and operates the above workplace.
[Detailed Criminal Facts]
1. If a worker in arrear of wages, etc. retires, the employer shall pay him/her all money or valuables, such as wages, within 14 days from the date the cause for such payment occurred;
Nevertheless, the defendant from March 12, 2016 to the same year.
3. Until 30.30, a total of H’s wages amounting to KRW 289,440 who retired while working in the above company had not been paid within 14 days from the date of retirement by the above H without an agreement between the parties.
In addition, the Defendant did not pay the total of 30,009,600 won of wages, etc. to 31 workers within 14 days from the date of each retirement, such as the daily list of crimes in attached Form C, No. 25 C, No. 26, and No. 28 E, respectively.
2. If a worker in arrears with retirement benefits retires, the employer shall pay the retirement benefits within 14 days from the date on which the ground for such payment occurred;
Nevertheless, the Defendant served from June 7, 2013 to March 25, 2016 at the above company and did not pay KRW 5,542,580 of I retirement pay to the Defendant within 14 days from the date the said I retired.
In addition, the Defendant did not pay the total amount of KRW 13,354,570 to three workers within 14 days from the date of each retirement, as shown in the attached list of crimes (excluding No. 25 C and No. 26, a year of workers, No. 25).
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. The application of Acts and subordinate statutes to each authentic and written statement, and each trade name verification statement;
1. Articles 109(1) and 36 of the Labor Standards Act for facts constituting an offense, and Article 44 subparag. 1 of the Act on the Guarantee of Retirement of Workers.