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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant of the 2015 Gohap 352 is the representative director of the F stock company located in Gwangju Mine-gu E, who has been engaged in livestock storage batteries manufacturing business by using 30 full-time workers.
A. An employer in violation of the Labor Standards Act has to pay wages within 14 days from the date of retirement, unless there is an agreement on the extension of the payment period between the parties to the relevant work, but the Defendant did not pay the total of KRW 71,60,274 of G’s wages before January 11, 2006 through August 31, 2014; KRW 501,420 of wages before February 201, 2014; KRW 3,293,670 of wages; KRW 3,295,260 of wages on May 20, 2014; KRW 293,670 of wages on June 293, 2014; KRW 82,83,830 of wages on August 3, 2014; and KRW 1485 days of wages without agreement among the parties to the relevant work; and KRW 584,75 days of employment.
B. In the absence of an agreement on the extension of the payment period between the parties, an employer in violation of the Act on the Guarantee of Retirement Benefits of Workers has to pay retirement allowances within 14 days from the date of retirement in the event a worker retires, but the Defendant did not pay 32,121,490 won in the said workplace as stated in the list of crimes No. 4. 4. The Defendant did not pay 70,359,351 won in total for 70,351 won in the amount of three employees’ retirement allowances within 14 days from the date of retirement, as shown in the list of crimes.
2. “2015 Gohap 353- The Defendant in violation of the Labor Standards Act is the representative director of the F stock company located in Gwangju Mine-gu E, who has been engaged in the storage cell manufacturing business by using 30 full-time workers.
When an employee retires, the employer shall pay wages within 14 days from the date of retirement unless there is an agreement on the extension of the payment period between the parties. However, the defendant is without agreement on the extension of the payment period between the parties.