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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 25, 2019, the Defendant was sentenced to the suspension of the execution of six months with labor for the violation of the Labor Standards Act, etc. in the Seo-gu District Court Branch Branch of the Daegu District Court on June 25, 2019, and the judgment was finalized on July 2, 2019. The Defendant is the actual manager of the Gunsan-si District Bank BB Co., Ltd.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred, and may extend the due date by mutual agreement between the parties concerned in exceptional circumstances; and
Nevertheless, the Defendant worked in the said workplace from October 1, 2013 to August 31, 2018, and did not pay the total of KRW 14,162,000, such as wages of KRW 1,362,00 in December 2017 to retired workers D, within 14 days from the date of retirement, and did not pay KRW 38,696,170 in total for three retired workers as shown in the attached crime list, as shown in the attached crime list, within 14 days from the date of retirement, which is the date of the occurrence of the cause for the payment.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred, and where under special circumstances, the time of payment may be extended by mutual agreement between the parties concerned.
Nevertheless, the Defendant worked in the said workplace from June 14, 2017 to December 25, 2018, and did not pay KRW 1,789,773 of retirement pay to retired workers E within 14 days from the date of retirement, as shown in the attached crime list, and did not pay KRW 3,031,968 in total for retirement allowances of two retired workers within 14 days from the date of the occurrence of the cause for the payment, as stated in the attached crime list.