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The sentence of sentence shall be suspended for the defendant.
Reasons
Punishment of the crime
The Defendant is the representative of the Dunused Room located in Daegu Suwon-gu B, and is the employer who ordinarily employs 10 workers. A.
When a worker dies or retires, an employer of money or valuables liquidation (violation of the Labor Standards Act) shall pay wages, accident compensations, and all 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 works in the above workplace.
On May 2011, 201, wages of 300,000 won / wage of 300,000 won / wage of 10,000 won / wage of 300,000 won on April 1, 2012, and total wage of 1.2 million won on April 201 due to special circumstances, the payment was not made within 14 days from the date of retirement when the cause for payment occurred without extending the due date by mutual agreement between the parties.
(b) An employer who pays retirement allowances (violation of the Guarantee of Workers' Retirement Benefits Act) shall, in case where a worker retires, pay the retirement allowances within fourteen days after any 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 works in the above workplace.
5,609,586 of retirement allowances of retired workers E on 09, 2012 due to special circumstances, the parties did not extend the date of payment according to the agreement between the parties, but did not pay it within 14 days from the date of retirement.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol of partial police interrogation of the accused;
1. Application of each police protocol of statement to E;
1. Article 109(1) and Article 36 of the Labor Standards Act related to criminal facts, and Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act (a point of payment of retirement allowances);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Optional penalty: