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A defendant shall be punished by imprisonment with prison labor for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is a person who operates the Development Bank Co., Ltd. Co., Ltd. in Busan Metropolitan City.
An employer of the 2020 Highest 101 shall pay retirement allowances within 14 days from the time of retirement of an employee, if the employee retires: Provided, That the date of payment may be extended by an agreement between the parties concerned in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 8,435,293 of retirement allowances of retired workers D within 14 days from the date of retirement, when he/she worked in the dispute resolution committee from October 31, 2016 to June 9, 2019 without an agreement on the extension of the payment period between the parties concerned.
"200 Highest 189"
1. An employer in violation of the Labor Standards Act shall pay wages and all other money or valuables within 14 days thereafter, if a worker retires: Provided, That the due date may be extended by mutual agreement between the parties concerned in exceptional circumstances;
Nevertheless, the Defendant, as described in the [Attachment 2] No. 7, 8, and 12 of the annexed Table 2, did not pay 2,159,190 won and annual allowance of 1,936,216 won and annual allowance of E retired workers, F’ wage of KRW 6,129,770 and annual allowance of KRW 1,432,00, and workers’ wage of KRW 5,203,240 within 14 days from the date of retirement.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days thereafter: Provided, That the time limit for payment may be extended by mutual agreement between the parties concerned in special circumstances.
Nevertheless, the Defendant, as described in the [Attachment 7] No. 7 and paragraph (8) of the [Attachment 2] list of crimes committed by the Defendant, did not pay KRW 7,183,510 of retirement pay of retired workers E and KRW 23,29,043 of retirement pay of workers F, within 14 days from the date of retirement.