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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.
(e).
Reasons
Punishment of the crime
The defendant is the representative director of the C stock company located in Gwangju City, who runs the garment collection wholesale and retail business using 20 full-time workers.
1. When a worker dies or retires, the employer who has violated such obligation shall pay the wages, compensations, and other money or 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 51,819,214, respectively, within 14 days from the date of retirement to 14 days from the date of retirement without agreement between the parties on the extension of payment period, to D, who worked in the above workplace from February 1, 2014 to July 12, 2019, excluding KRW 1,70,000, annual wage of April 2019 among retired workers listed in the attached crime list.
2. Where a worker retires, the unpaid employer shall pay the retirement allowance within 14 days from the date when the grounds for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total sum of KRW 53,809,668 from the date of retirement to 14 days from the date of retirement without an agreement on extension of the due date between the parties, to D who worked in the above workplace from February 1, 2014 to July 12, 2019, as well as KRW 13,408,81 of retirement allowances, to 10, excluding KRW 3,5,6,67, and 18 of retirement workers listed in the separate crime list.
Summary of Evidence
1. Police suspect interrogation protocol of the defendant's oral statement;
1. The application of Acts and subordinate statutes governing the contents of fact-finding, such as the authenticity statement and the questioning statement of each police officer, each petition and each telephone at each accusation office;
1. Relevant Articles of the Act and Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts as well as the choice of punishment.