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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, 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 is the actual representative of the IBA club in Seo-gu H (former trade name): JBA clubs).
1. An employer shall pay wages within 14 days from the date of retirement, unless the parties have agreed to extend the due date for the retirement of an employee;
Nevertheless, the Defendant did not pay 168,00,00 won total of wages of 17 workers within 14 days without an agreement between the parties on the extension of payment due date, as stated in the attached Table of Crimes (excluding No. 9,12,14, 15, and 18 annually), including the amount of KRW 380,000 on November 1, 2013, wage of KRW 480,000 on December 201, 2013, and total of KRW 860,00 on December 2013, 2013.
2. When a worker retires, the employer shall pay the retirement allowance within 14 days from the date of such retirement unless the parties have agreed to extend the due date.
Nevertheless, the Defendant did not pay KRW 3,098,630 of L retirement pay, working from October 17, 2012 to March 1, 2014, within 14 days without an agreement between the parties on the extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Police for the accused, each protocol of examination of the suspect by the prosecution (including the part concerning the statements ofM and C);
1. Statement made to the prosecution by the N;
1. Each police protocol of statement against O, N, C, P, M, Q, R, S, T, K, and U;
1. A criminal investigation report (U and monetary currency);
1. A complaint, each petition, and each fact-finding certificate;
1. Application of Acts and subordinate statutes to each specification, six-month living expenses and service fee payment ledger;
1. Relevant Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts; Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (L’s violation of the Labor Standards Act and the violation of the Guarantee of Workers’ Retirement Benefits Act), respectively, shall be punished by imprisonment for each crime;
1. Articles 40 and 50 of the Criminal Act (a violation of the Labor Standards Act and a violation of the Guarantee of Workers' Retirement Benefits).
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;