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A defendant shall be punished by imprisonment for not more than ten months.
except that 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
[2018 Highest 1876] The Defendant is an employer who is a representative of the C Company located in Ulsan-gu B and employs 15 full-time workers and operates vessel component manufacturing business.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen 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, at the foregoing workplace from November 13, 2016 to January 11, 2018, did not pay KRW 137,23,065, including KRW 7,422,175, and KRW 3,235,00, in total, KRW 10,657,175, and KRW 137,23,065, in total, of wages and retirement allowances of 27 retired workers, as shown in attached Table 1 of the Crimes List of Crimes, within 14 days from the date on which the cause for such payment occurred, without any agreement on the extension of payment between the parties.
[2018 Highest 3822] The Defendant is an employer who runs a manufacturing business with two full-time workers without any separate trade name and office from Nam-gu E and F.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen 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 H’s wages of KRW 2,700,000 in June 2, 2018, which worked as an official title from Gyeong-si to 30th day of June 2018, without an agreement between the parties on the extension of the due date, within 14 days from the date of retirement, which is the date of the occurrence of the cause for payment.
[2018 Highest 3849] The Defendant is an employer who engages in a manufacturing business without a trade name in Nam-gu E and F.
An employer shall, when a worker dies or retires, have causes for such payment.