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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 two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who is a full-time operator of Gangnam-gu Seoul Building B and D office located in subparagraph c and operates software development business using one full-time worker.
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;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 3,583,583,16, monthly wages from August 1, 2016 to November 1, 2018, paid KRW 586,766 of retired E, wage of December 3, 2017, wage of January 3, 208, wage of February 3, 583,116, wage of February 3, 208, wage of KRW 3,583,583,583,116, wage of April 3, 203, wage of April 3, 208, wage of KRW 3,583,583, wage of May 3, 208, wage of KRW 3,583,116, wage of June 3, 208, wage of KRW 3,583,582, wage of August 25, 208, wage of KRW 306,380,536,284.
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
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, at the foregoing place of business from August 1, 2016 to November 1, 2018, did not pay KRW 8,972,454 of retirement pay to retired workers E within 14 days from the date of retirement without agreement between the parties to the extension of the payment date.
Summary of Evidence
1. Defendant's legal statement;
1. Documents, written statements and attached documents of E;
1. Application of the business registration certificate, employment contract, details of arrears;
1. Article 109(1) of the Labor Standards Act concerning criminal facts