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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, as a representative of the C (State) in Ansan-si, is an employer who runs a Cheongdo retail business with nine full-time workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay the total amount of wages of 3,014,640 won for June 2017, which the Defendant worked from July 9, 2012 to April 24, 2018 at the said workplace, including the total of 5,722,737,540 won for July 2017, and the total of 13,67,653 won for the six months from September 14, 1994 to April 24, 2018, as wages of 4,16,670 won for the six months from the date of retirement, and 3,763,443 won for the July 2017, total of 13,67,653 won for two workers, including 7,67,653 won, without agreement between the parties to the retirement, 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 after any cause for such payment occurred; and
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 82,831,328, respectively, within 14 days from the date of retirement without agreement on the extension of the due date between the parties to the contract, as well as KRW 19,506,568, and KRW 63,324,760, which worked in E’s retirement pay from September 14, 1994 to April 24, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Each written statement of D and E;
1. Application of Acts and subordinate statutes to a written calculation of retirement allowance (No. 13 No. 13 of evidence list), matters registered as a corporation;
1. Article 109(1) of the Labor Standards Act concerning criminal facts