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A defendant shall be punished by imprisonment for a term of one year and two 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
[2016 Height 155] 【F-related Defendant is a representative operating corporation F in racing G, who ordinarily employs 20 female workers and engages in the manufacturing of automobile parts.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay 36,39,925 won, including 18,750,000 won for wages of H on August 1, 2015 through December 12, 2015, as well as 1,7,8,10,000 won for each of the five retired workers, including 1,7,8,10,00 won for the attached Table of Crimes (1), within 14 days from each of the retirement dates.
【I-Related Defendant is the representative of I-J, who is engaged in the manufacturing industry with ten full time workers.
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 14 days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 669,600,00 within 14 days from the date of his retirement, for the annual paid leave of KK retired on November 15, 2014.
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
Nevertheless, the defendant did not pay 4,419,394 won of K's retirement allowance on November 15, 2014 within 14 days from the date of his retirement.
[2016 Highest 278] The Defendant is an employer who is engaged in the manufacturing industry by using ten full-time workers as the representative of I in theJ of the racing-si.
1. When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;