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A defendant shall be punished by imprisonment for not less than eight months.
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
[2013 Height 1785] The Defendant is an employer who operates a manufacturer of medical devices under the trade name of “stock company C” by employing 38 full-time workers from Nam-gu Incheon Metropolitan City B.
1. The Defendant, such as wages, did not pay KRW 2,400,648, including D’s wages, etc., worked at the aforementioned workplace from March 26, 2012 to November 30, 201 of the same year, within 14 days from the date of occurrence of the cause for payment without agreement between the parties on extension of the due date for payment, and did not pay KRW 35,878,081, including wages, etc., for 9 workers, within 14 days from the date of occurrence of the cause for payment without agreement on extension of the due date for payment between the parties concerned.
2. The Defendant who is not paid retirement allowances, as described in the foregoing paragraph (1) does not pay wages, etc., and at the same time, from January 3, 201 to November 30, 2012, the Defendant did not pay KRW 3,532,700 of retirement allowances of E working in the said workplace within 14 days from the date of occurrence of the cause for payment without an agreement on the extension of the payment due date between the parties concerned, and did not pay KRW 16,206,712 in total for three employees within 14 days from the date of occurrence of the cause for payment without an agreement on the extension of the payment due date between the parties concerned.
3. The Defendant, as an employer, did not pay the unpaid employee a total of KRW 2,576,659 of ordinary wages for 30 days while dismissing the employee as an employer, at least 30 days’ advance notice of dismissal, and at least 30 days’ advance notice of dismissal was not given. On November 30, 2012, the Defendant did not pay KRW 1,668,743 of ordinary wages for 30 days when dismissing the employee D without the advance notice of dismissal from the workplace at the above workplace at around November 30, 2012 and did not pay KRW 22,576,659 of ordinary wages for 30 days, respectively.
[2013 Height6918] The defendant is 40 full-time workers in Nam-gu Incheon Metropolitan City B.