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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.
(e).
Reasons
Punishment of the crime
"2018 Highest 1135"
1. The Defendant who violated the Guarantee of Workers’ Retirement Benefits Act is the representative of the N Building and P Co., Ltd. (O) company at the time of the game, who employs 25 full-time workers and runs the business of manufacturing and selling bed.
When a worker retires, the employer shall pay the retirement allowance within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, at the above workplace from November 4, 2015 to May 18, 2018, did not pay the total of KRW 52,714,048, including KRW Q’s retirement allowance 7,180,379 as well as KRW 52,714,048, respectively, within 14 days from the date of each retirement without an agreement between the parties to the extension of the due date.
2. The Defendant in violation of the Labor Standards Act is the representative of the N Building and P Co., Ltd. (O) company at the time of the game promotion, who ordinarily employs 25 workers and operates the business of manufacturing and selling sloping.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant, at the above workplace from April 29, 2008 to July 29, 2018, did not pay the amount of KRW 2,400,000 in June 2018, and the amount of KRW 3,087,097 in July 2018 within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
The defendant of "2018 Highest 1460" is the representative of the P Co., Ltd. in the N Co., Ltd. in Gyeonggi City, who runs the manufacturing business by employing 20 full-time workers.
1. The employer violating the Labor Standards Act.