Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is the representative of H in Dongducheon-si, who ordinarily employs 33 workers and operates textile products manufacturing business.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the amount of 12,814,070 won in total, including wages and retirement allowances for 23 retired workers, 136,650 won in August 18, 2012, from around June 18, 2012 to around November 5, 2013, without an agreement between the parties on the extension of the due date, within 14 days from the date of retirement, and did not pay 12,814,070 won in total, within 14 days from the date of retirement, as described in the attached list of crimes, including the payment of 1 to 7,9 through 12, 14 through 16, 18 through 21, 23 through 25, 27, 28, within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police officer to J and I;
1. A written statement of K and L;
1. Wage ledgers, a detailed statement of overdue money and valuables for each individual, a special name group of workers, and a detailed statement of salary;
1. Calculation statement of average wages and retirement allowances, and details of calculation of unused leave allowances not paid annually;
1. Application of each relevant statute;
1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The portion concerning the rejection of prosecution under Article 62 (1) of the Criminal Act (the fact that there is no previous conviction, other than a fine for negligence once a large period, a substitute payment, etc. for some workers is deemed to have been paid, and the remaining amount of arrears, etc.);
1. The defendant is the defendant.