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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant of "2016 Highest 6634" is a full-time worker who operates a hospital by using 16 full-time workers as the representative of the X convalescent Hospital in Gyeyang-gu Incheon Metropolitan City.
Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant worked in the said workplace from January 7, 2015 to April 15, 2016, and did not pay KRW 18,330,00 for retirement pay of KRW 14,08,731 for retirement pay of KRW 17,60,00 for retirement pay of KRW 170,00 for retirement pay from August 8, 2015 to April 18, 2016, and did not pay KRW 49,938,761 for retirement pay of KRW 14 days from the date of retirement without an agreement between the respective parties on the extension of payment period.
The defendant of "2016 Highest 7139" is a full-time worker who is the representative of the X-X convalescent Hospital in Gyeyang-gu Incheon, and operates a health business (convalescent hospital) by using 16 full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant worked in the above workplace from October 10 to March 2, 2016, and did not pay 21,612,000 won, including 2,170,000 won of the retired AA in December 2, 2015, respectively, within 14 days from the date of retirement, without agreement on the extension of the payment deadline between the parties, as shown in attached Table 2, 3,12.
Summary of Evidence
1. The defendant's oral statement " 2016 highest order 6634";
1. Z, and Y’s written statement “2016 highest 7139”;
1. Each petition of AA and AB;
1. Statement made by the petitioner A or AB;
1. Written statements;
1. Confirmation of arrears and delayed payment of wages and the application of Acts and subordinate statutes;
1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 44 subparagraph 1 and 9 of the Act on the Guarantee of Retirement Benefits of Workers;
1.Article 40 of the Criminal Code of Trade and Trade.