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A defendant shall be punished by imprisonment for not less than eight 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
The defendant is the representative of D, the C Building 401, who is located in Si interest-si B, and is the user who conducts the manufacturing business using 40 full-time workers.
1. The Defendant in violation of the Labor Standards Act did not pay KRW 14,824,960 in total, as shown in the attached list of crimes, 14,824,960 from November 1, 2012 to November 23, 2013, as well as KRW 583,200 in the annual paid leave allowance of 2013, who provided labor to the said workplace, within 14 days from the date of retirement, without any agreement between the parties on the extension of the due date.
2. The Defendant in violation of the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 1,223,740 of the E retirement allowances provided to the said workplace from November 1, 2012 to November 23, 2013 and KRW 48,990,540 of the total retirement allowances of 32 employees, as shown in the attached crime list, within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of F, G, H, and I;
1. An average statement of wages and retirement allowances;
1. Application of each relevant statute;
1. Articles 109(1) and 36 of the Labor Standards Act applicable to criminal facts, and Article 44 Subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances); and
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence to imprisonment with labor (the total amount in arrears by the accused, the number of workers, etc. shall be considered);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the grounds that the defendant is the first offender, and the circumstances leading to the instant crime);