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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2013 Highest 447] The Defendant is an actual operator of the “D Fishing Driving Schools” in the Gu C Building in Ansan-si, who ordinarily employs seven workers and operates educational services.
The Defendant worked in the aforesaid private teaching institute as an English instructor from August 27, 2012 to November 21, 2012, and retired E’s wages of October 1, 2012, including KRW 1,509,534, and did not pay KRW 6,792,180, respectively, within 14 days from the date of retirement without an agreement to extend the due date between the parties, as shown in the attached Table of Offenses (2013 Highest 447).
[2013 Highest 1698] The Defendant is an actual operator of the “D Fishing Driving Schools” in the Gu C Building in Ansan-si, who ordinarily employs 20 workers and operates educational service business.
1. The Defendant violated the Labor Standards Act, in relation to the payment of wages, determined that the part on G, 32,83,385 won (3,328,535 won-G 485,150 won) in total, excluding G, is dismissed as the prosecutor’s revocation of public prosecution, and the part on G, excluding G, as described in the attached list of crimes (2013 high-class 1698), in which the Defendant worked as an English instructor from June 6, 2011 to November 25, 2012, and retired from office, did not pay KRW 336,082 of the F, who retired from office, within 14 days from the date of retirement, without agreement between the parties on extension of the due date for payment.
2. The Defendant in violation of the Labor Standards Act did not immediately dismiss the F, who worked as an English instructor from June 6, 201 to November 26, 201, without a prior notice of dismissal, and did not pay KRW 2,853,600 as an advance notice of dismissal.
3. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act: (a) worked in the pertinent private teaching institute as an English instructor from June 6, 201 to November 25, 2012; and (b) did not pay KRW 4,266,103 of the F’s retirement allowances, which were retired, within 14 days from the date of retirement.
[2014 Highest 445] The Defendant is the actual management owner of the H 4th floor in Geumcheon-gu Seoul Metropolitan Government, 16 full-time workers.