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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant 124 of the 2017 Highest 124 is an employer who runs a manufacturing business with 20 full-time workers in the Gu and Si B.
1. 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;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 20,322,00 won, including 1,50,000 won in February 2, 2016 of the workers C, who worked as the production worker from October 1, 2015 to February 29, 2016 at the above workplace, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties concerned, as stated in the details of personal money and valuables in attached Form 13.
2. An employer shall, if a worker retires, pay a retirement allowance within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, from February 4, 2014 to January 16, 2016, the Defendant did not pay 11,068,120 won in total, including 3,454,600 won for employees D retirement pay who worked as production workers as well as 11,068,120 won in arrears for each individual, as stated in the details of personal delayed payment, within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties concerned.
"2017 Highest 353"
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant is produced from May 11, 2016 to July 31, 2016 at the above workplace.