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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative director of C Co., Ltd., which is located in Hepo City B, who employs approximately twenty full-time workers and operates the manufacturing business.
"2016 Highest 1284"
1. The Defendant violated the Labor Standards Act, as well as D’s wage of KRW 4,271,60,60, which was retired from the said workplace from July 16, 2013 to April 30, 2016, did not pay KRW 4,712,320, total sum of paid-in wages of two retired workers, including KRW 8,543,200, total sum of paid-in allowances not used for annual leave, and KRW 13,25,520, total sum of paid-in allowances, 14 days from the date of retirement without agreement on the extension of payment period.
2. The Defendant violated the Act on the Guarantee of Retirement Benefits of Workers did not pay the retirement pay of KRW 12,632,271, total sum of KRW 17,182,02,02,00,00 from July 16, 2013 to April 30, 2016, which was retired from the said workplace as retirement pay 4,549,758, and from July 30, 2008 to April 30, 2016, by 14 days from the date of retirement without agreement on the extension of the payment deadline.
"2016 Highest 1308"
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and any other money or valuables within 14 days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the payment deadline;
Nevertheless, the Defendant did not pay the sum of KRW 3,750,000 in September 3, 2015, and KRW 7,550,000 in October 3, 2015, which had worked at the said workplace from April 3, 2006 to October 31, 2015, to KRW 7,50,00 in total, including the wage of KRW 3,80,000 in October 205, without an agreement between the parties on the extension of payment date.
2. An employer who violates a guarantee of retirement benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.
Nevertheless, the Defendant’s retirement pay of F from April 3, 2006 to October 31, 2015, KRW 6,978,902.