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A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
The defendant is the representative of the Geumcheon-gu Seoul Metropolitan Government Building C, who is an employer who is engaged in the manufacturing business by employing 11 full-time 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, and where the worker retires, the employer shall pay the worker a retirement allowance within 14 days after the cause for such payment occurred.
Defendant E did not pay KRW 138,020,491, retirement allowance of KRW 17,972,269, as wages, etc. from April 1, 2015 to April 2017 of retired workers E while working in the said workplace from around September 1, 2014 to April 30, 2017, within 14 days from the date of retirement without any agreement between the parties on the extension of payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of the E’s authenticity and written statements;
1. Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed by the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Act on the Guarantee of Workers’ Retirement Benefits;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. In full view of the following circumstances: (a) the Defendant had the same criminal record and one time to determine the penalty; (b) the period of the overdue wage and the total amount of overdue retirement pay exceeds two years; (c) the Defendant’s overdue wage and the amount of overdue retirement pay exceeds 155,92,760 won; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the offense; and (e) the Defendant’s age, sex, environment, motive, means and consequence of the offense; and (e) the instant records and the previous theories, including the circumstances after the