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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
[Criminal Records and Status of Parties] The Defendant stated that the period of suspension of execution of one-year indictment is two years in the imprisonment with labor for violating the Labor Standards Act in the Daegu District Court Residential Support Act on February 2, 2016, but the period of suspension of execution of one-year indictment is deemed to be a clerical error of one-year period, and thus the rectification
B. On February 12, 2016, the judgment became final and conclusive.
The defendant is the actual manager of E Co., Ltd. F at the time of stay, who has been engaged in the business of manufacturing stone using ten full-time workers.
[Criminal facts]
1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the worker wages, compensations, and all other money or valuables at the time when the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay KRW 18,609,677 of G wages of retired workers from the said workplace from July 1, 2012 to October 28, 2014, and KRW 16,314,516 of the wages of the retired workers H, who worked from May 16, 2014 to October 28, 2014, within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the amount of KRW 17,640,850, totaling KRW 10,806,430 of the retirement allowances of retired workers H, who were employed from the said workplace from July 1, 2012 to October 28, 2014, as well as KRW 6,834,420, and KRW 17,640,850, each of the retirement allowances of retired workers from May 16, 2014 to October 28, 2014, without any agreement on the extension of the payment date between the parties.
Summary of Evidence
1. The defendant's statement in court;