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A defendant shall be punished by imprisonment for one year.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On July 4, 2019, the Defendant was issued a summary order of a fine of five million won in violation of the Labor Standards Act by the Cheongju District Court on July 4, 2019, and is the representative director of the Cheongju District Court (State)C in Chungcheongbuk, who ordinarily employs 25 workers and operates the manufacturing industry.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 201,311,716 won, including D’s wage 2,516,91 in January 2019 and annual paid leave allowances, within 14 days from the date of each retirement without agreement on the extension of the payment period between the parties concerned, as stated in the list of crimes in the attached Table, as stated in the attached Table, as the Defendant retired from being employed as a production worker from around September 20, 2004 to April 30, 201.
2. An employer who violates the 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; and
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 12,066,024 won of D's retirement allowance of 166,024 as well as 16 employees, and 310,279,836 won of 16 employees, within 14 days from the date of each retirement without an agreement on the extension of the payment period between the parties.
Summary of Evidence
1. Application of Acts and subordinate statutes to the defendant's legal statement, each statement of benefits, calculation of each retirement allowance, and statement of money and valuables in arrears;
1. The relevant Act on Labor Standards for Criminal Facts;