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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
The defendant is an employer who has operated a manufacturing chain C Co., Ltd. with 20 full-time workers employed in C in eternity City.
[2013 Highest 465]
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay wages, compensations, and other money or valuables within 14 days from the date of retirement unless there exists an agreement on the extension of the due date for payment between the parties concerned;
Nevertheless, on August 31, 2012, the Defendant did not pay KRW 2,517,980 in total of wages, bonuses, and year-end refund of workers D who retired while working in the workplace at the above workplace on August 31, 2012, within 14 days from the date of occurrence of the cause for payment without any agreement between the parties on the extension of the due date for payment, as shown in attached Table (1) from March 2012 to September 2012, the Defendant did not pay KRW 142,680,180 in total of the wages, bonuses, and year-end settlement refund of workers 9 in the above workplace from March 2012 to September 2012.
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 from the date of retirement, unless there exists an agreement between the parties on the extension of the payment date.
Nevertheless, on August 31, 2012, the Defendant did not pay KRW 3,772,660 of the retirement allowance of the employee D, who retired while working in the above workplace, within 14 days from the date of occurrence of the cause for payment without agreement between the parties on the extension of the due date for payment, and did not pay KRW 45,308,460, total amount of nine retirement allowances of the employees of the above workplace from March 2, 2012 to September 2012 as shown in the attached crime list (1), without agreement on the extension of the due date for payment between the parties.
[2013 Highest 493]
1. An employer violating the Labor Standards Act shall, if a worker retires, have no agreement on extension of the due date between the parties concerned; and