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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Criminal facts
[2016 Highest 99] The Defendant is the representative of the (ju)C located in Gyeongnam-gun, who ordinarily employs 18 workers and operates steel structure manufacturing work.
1. Where a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for the payment thereof occurred, unless otherwise agreed by the parties concerned;
Nevertheless, around July 20, 2015, the Defendant did not pay KRW 2,640,00 in March 2015, 2015, paid KRW 620,40 in April 20, 2015, paid KRW 2,534,40 in June wage, KRW 2,675,200 in June wage, and KRW 2,340,80 in July wage. On February 17, 2015, the Defendant retired when working in contact with the above company and retired from office was not paid KRW 2,42,080 in January 2, 2015, wages of KRW 1,036,575 in February wage of two workers, and did not pay KRW 14,269,455 in total for two workers.
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 from the date when the cause for such payment occurred, unless the parties agree on the extension of the payment date.
Nevertheless, around July 20, 2015, the Defendant did not pay KRW 2,921,640 of retirement allowances of retired D from the above company.
"2016 Highest 220"
3. The Defendant is the representative director of the (ju)C located in Gyeongnam-gun, who ordinarily employs 14 workers and operates steel structure manufacturing business.
When a worker dies or retires, the employer shall pay the wages, etc. within fourteen days after the cause for such payment occurred, unless there exists an agreement between the parties on the extension of the due date.
Nevertheless, the Defendant: (a) from July 28, 2014 to March 28, 2015, the F’s wage balance 986,820 won in January 2015; (b) monthly wage 1,537,220 won in February; and (c) monthly wage 1.