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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant of "2016 Highest 1219" is an employer who runs a building and a civil engineering service business using ten full-time workers in the name of (ju) J in Ansan-gu.
An employer shall, when a worker retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, and may extend the date by mutual agreement between the parties concerned, in special circumstances.
Nevertheless, the defendant employed from December 23, 2015 to June 9, 2016 at the above workplace and did not pay 31,210,170 won in total from December 23, 2015 to June 9, 2016 to June 17, 2016, within 14 days from the date of the above K's retirement without an agreement between the parties.
The defendant of "2017 Highest 861" is an employer who ordinarily employs 12 persons as the representative of the JJ during Ansan-gu I and engages in service business (civil engineering design).
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 165,060 on September 2015, 2015 of L, which was retired from the place of business of the said J, from December 6, 2010 to June 20, 2016, for the total wages of KRW 581,063,003,00 for seven retired workers, as shown in the list of crimes in the attached Form, without agreement on the extension of the payment deadline between the parties, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.
2. An employer who violates the Guarantee of Retirement Benefits of Workers shall retire;