Text
A defendant shall be punished by imprisonment for four 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 is the representative director of D Co., Ltd., an agricultural company located in Northern-gu C at port and port, who runs the manufacturing and selling business of the heading.
1. Violation of the Labor Standards Act;
A. Where an employee dies or retires, the employer paid wages, compensations, and other money and valuables within 14 days from the time when the cause for such payment occurred, but the Defendant did not pay 12,760,241 won, including the wages, annual allowances, health insurance settlement money, etc. of the employee E who retired from the said workplace from June 15, 2015 to June 15, 2017, without agreement on the extension of the payment period between the parties concerned, within 14 days from the date of retirement.
B. The employer directly pays the full amount of wages to workers in currency, and the Defendant paid the full amount of wages to workers at least once a month on a fixed date, but the Defendant did not pay the total of 34,592,737 won, such as wages, etc. to workers F, who worked from May 1, 2015, as in the list of offenses Nos. 12, 12, 2015, on the 10th day of the following month.
2. An employer who violates the Act on the Guarantee of Retirement Benefits of Workers has paid retirement allowances within 14 days from the date when the grounds for such payment occurred if the employee died or retires, but the Defendant did not pay retirement allowances of 6,194,657 won from the date of his/her retirement to June 15, 2017, without any agreement on the extension of the payment period between the parties concerned.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. A written petition;
1. Application of Acts and subordinate statutes to report on the acquisition of internal investigation data;
1. Facts constituting an offense: Violation of Article 109(1) or 36 of the Labor Standards Act on the basis of regular payment of retirement allowances: The fact that Article 109(1) or 43 of the Labor Standards Act on the basis of regular payment of retirement allowances is unpaid: Article 44 of the Act on the Guarantee of Retirement Benefits of Workers;