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A defendant shall be punished by imprisonment for one year.
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
[2015 Highest 4601] The defendant is an employer who employs approximately 60 full-time workers as the representative director of the (ju)C with a branch office located in Gunsan-si D, and has them engage in the business of the captain of the ship.
The Defendant, who was employed by the foregoing company on August 24, 2013, worked as a painting and did not pay KRW 5,500,000 of retirement pay to retired workers E on December 31, 2014, within 14 days from the date of retirement without any agreement on extension of the payment deadline.
Defendant including this, and attached Form
1. (We have not paid 32,459,680 won in total with 10 employees, including 1,3-6,8,9,12,18, and 19 re-paid each year of the money and valuables in arrears, within 14 days from the date of each retirement without any agreement on the extension of payment deadline with employees.
[2015 Highest 4391] The defendant is a representative director of C in Gangseo-gu Busan Metropolitan Government, who is a company with 50 full-time workers.
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 mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 1,876,920 in total, including KRW 1,877,00,00 in November 3, 2014, and KRW 1,876,920 in December 2014, as well as KRW 1,876,920 in December 1, 2014, within 14 days from the date of his/her retirement without any agreement on the extension of the payment deadline between the parties concerned.
2. The full statement of personal in arrears (C) Nos. 24, 28, 29, 31-35, 37, 38, 41, 42, 46-49, the total wage of 27,764,508, as well as the total wage of 16 workers, was not paid within 14 days from the date of retirement without any agreement between the respective parties on the extension of the payment deadline.
[2016 Highest 1440] On March 29, 2013, the Defendant is a victim-owned market price between the victim non-Nenc Capital Co., Ltd. and the victim-owned market price at the office of (ju) Gangseo-gu Busan Metropolitan Government (H).