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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.
Reasons
Punishment of the crime
The defendant is the representative of (ju Q) Q in Incheon Bupyeong-gu P, who runs a construction business using 14 full-time workers.
"2019 Highest 5608"
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, from October 2, 2018 to April 25, 2019, the Defendant failed to pay the total of S wage of KRW 4,960,000,00 within 14 days from the date of retirement, as shown in the attached Table No. 5, as well as the amount of KRW 1,00,000 on March 3, 2019 of S, who provided labor at the construction site of the R apartment at the construction site of the R apartment in Gyeonggi-do, as shown in the attached Table No. 5.
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 the cause for such payment occurred; and
Nevertheless, from September 21, 2016 to February 20, 2019, the Defendant provided labor at the construction site of a new building in Gyeonggi-do and did not pay the total of KRW 18,818,895 of the retirement allowances of two workers within 14 days from the date of each retirement without an agreement between the parties on the extension of the due date for payment, as shown in attached Table 1, 2, including KRW 8,93,032 of the retirement allowances of the retired workers.
When a worker dies or retires, an employer of the 2019 Highest 7500 " shall pay the worker wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, from May 15, 2019 to June 22, 2019, the Defendant provided labor to the said workplace and did not pay 2,720,000 won of his retired employee on June 6, 2019 without an agreement on the extension of the due date between the parties to the relevant workplace and within 14 days from the date of his/her retirement as shown in attached Table 4 and 10.