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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
Criminal facts
The Defendant, as the representative of Mapo-gu Seoul Metropolitan Government C, was employed by 18 full-time workers who run electricity and electronic business.
When an employee dies or retires, the employer shall, unless agreed by the parties concerned, pay all money and valuables, such as wages, and retirement allowances within 14 days from the date on which the cause for such payment occurred, but the Defendant did not pay the total amount of KRW 124,347,39 within 14 days from the date of retirement without the agreement between the parties concerned.
(See) The following table). Details of the arrears of the period of employment of workers: (a) the aggregate of the wages of 2,096,367 September 15, 2017, and the wages of 2,49,007, and the wages of 2,409,234 November 2, 2017, 9,503,609, and 609, 208, 207, 3,498, 208, 207, 3,498, 208, 208, 208, 30, 207, 208, 16, 30, 208, 207, 30, 208, 323, 323, 908, 208, 610, 206, 208, 2017, 36, 208, 2017.
1. Partial statement of the defendant;
1. Written statement, F wage delayed payment, confirmation of wage delayed payment, receipt for retirement income withholding, text message;
1. E’s written statements, written confirmation of wages delayed payment, and text messages;
1. The application of the police statement, annual salary and employment contract, confirmation of delayed payment of wages, retirement allowance calculation, confirmation of income tax withholding on Class A earned income, and the application of the Acts and subordinate statutes on the statement of earned income; and
1. Relevant legal provisions concerning criminal facts: Articles 109 (1) and 36 of each Labor Standards Act (the point of payment of unpaid wages), Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (the point of payment of retirement allowances);
1. Commercial concurrence: A violation of the Labor Standards Act by worker under Articles 40 and 50 of the Criminal Act.