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A defendant shall be punished by imprisonment for six 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
1. The Defendant violating the Labor Standards Act is employed by the Defendant in the printed circuit board manufacturing chain B operated by the Defendant, and is working from April 26, 2012 to July 1, 2012.
Wages C of retired workers was not paid KRW 1,712,00 within 14 days from the date of retirement without an agreement on the extension of the due date.
The defendant, including this, did not pay 10 workers' wages and total 26,298,586 won within 14 days from the date of each retirement without agreement on extension of the due date, as stated in the list of crimes No. 1.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay KRW 3,038,456 of the retirement allowance of his/her retired worker D on May 12, 2012 within 14 days from the date of his/her retirement without any agreement on extension of the payment due date.
In addition, the Defendant did not pay seven employees retirement allowances, total amount of KRW 24,986,909, as stated in the list of crimes, within 14 days from the date of each retirement without an agreement on extension of the due date with employees.
Summary of Evidence
1. Defendant's legal statement;
1. Each police interrogation protocol against the accused;
1. Each police statement concerning D;
1. Application of Acts and subordinate statutes to the details of overdue payments;
1. Article 109 (1) and Article 36 of the Labor Standards Act, as well as Article 44 subparagraph 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act, concerning facts constituting an offense, the choice of punishment, and the choice of punishment, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;