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1. The defendant shall be punished by imprisonment for one year;
2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
[2017 Highest 5704] The Defendant, as the representative director of Q in Q Q in Nam-si, employs 40 full-time workers and operates a paper gambling business.
1. When a worker dies or retires from office, the employer who has violated the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the period of payment;
Nevertheless, the Defendant did not pay the amount of KRW 80,00 in August 16, 2017, which was worked in the said workplace from July 25, 2016 to August 30, 2017, as well as the amount of KRW 800,00 in August 16, 2017 to November 1, 2017, the amount of KRW 2,595,464 in September 2, 2017, and the amount of KRW 3,523,580 in October 2017, and the amount of KRW 3,523,580 in May 3, 2017, which was worked from May 4, 2017 to November 4, 2017 by U.S., who did not reach an agreement on the extension of the payment date within 14 days from the date of retirement, even though there is no agreement between the parties to the payment.
2. When a worker in violation of the Guarantee of Retirement Benefits of Workers retires, the employer shall pay the worker a retirement allowance within 14 days from the date of such retirement, unless otherwise agreed on the extension of the payment period;
Nevertheless, the Defendant did not pay KRW 3,44,89,235, as well as the amount of KRW 8,204,341, which served from November 2, 2015 to July 1, 2017 at the same place of business, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.
[2018 Highest 736] The Defendant is an employer who runs a paper gambling business by employing 40 full-time workers as a (ju) RR representative director in Q Q in Nam-si.
1. Violation of the Labor Standards Act;
A. The Defendant violated the Labor Standards Act due to non-payment of wages is Written wage3,129,728 won in September 2017, and the wage 4,346 in November 2017, where he/she worked in R from September 9, 2012 to December 1, 2017.