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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of the Guro-gu Seoul Metropolitan Government "2019 High-class 2678" is the representative of the E Institute in the sixth floor of the D Building, who runs the private teaching institute business with ten regular workers.
1. Where an employer in violation of the Labor Standards Act and the Guarantee of Workers' Retirement Benefits Act dies or retires of the employee, the employer shall pay the wages, compensations, retirement allowances, and other money and valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant is working in the workplace from March 19, 2018 to January 31, 2019.
The retired FF’s total amount of KRW 1,877,945, including wage of KRW 1,632,425 on January 2019, did not pay KRW 12,733,431 in total as stated in the attached Table Nos. 3 through 5 (No. 3 G, No. 4, No. 5F) on the date of retirement without any agreement between the parties on the extension of the due date.
2. Any employer who violates the Minimum Wage Act shall provide the workers subject to the minimum wage with wages exceeding the minimum wage amount; and
Nevertheless, the Defendant is working in the workplace from January 1, 2019 to January 31, 2019.
In paying wages to retired F, the hourly wage rate of 8,184 won was below the minimum wage rate of 8,350 won.
The Defendant of the Guro-gu Seoul Metropolitan Government 2019 Highest Group 2959 is the representative of the E Institute of Private Teaching located in the sixth floor of the D Building, who is an employer who runs the EP business by using five regular workers.
When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, from June 2, 2016 to August 31, 2018, the Defendant is at the same workplace.