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A defendant shall be punished by imprisonment for not less than eight 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 a user who runs a fishery products processing business by employing nine full-time workers at C Co., Ltd. located in Jeonnam-gun, Jeonnam-gun.
1. Violation of the Labor Standards Act;
(a) When a worker dies or retires, the employer who has paid the wages shall pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant is working in the above C Co., Ltd. from February 11, 2016 to May 28, 2019.
2,180,407 won in April 2019, and 2,656,794 won in May 2019, and 870,861 won in June 2019, the total amount of 5,708,062 won in June 2019 was not paid within 14 days from the date of retirement without an agreement between the parties on the extension of the due date between the parties, as shown in the list of crimes in the attached Table, and the amount of 21,960,933 won in total for three workers was not paid within 14 days from the date of each retirement without any agreement on the extension of the due date between the parties.
(b) If an employer who has not received advance notice of dismissal intends to dismiss a worker, he shall give the advance notice at least 30 days prior to dismissal, and if he did not give the advance notice at least 30 days, he shall pay the ordinary wages for not less than 30 days
Nevertheless, the Defendant did not pay KRW 7,712,775 in total, as shown in the list of crimes in the attached Form, to the employees D who worked in the above C Co., Ltd. from February 11, 2016, with the notice of dismissal on May 24, 2019, and with the dismissal on May 28, 2019, not paying KRW 2,656,794 equivalent to the ordinary wages for 30 days, while dismissing them on May 28, 2019.
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 after the cause for such payment occurred; and
Nevertheless, the Defendant is working in the above C Co., Ltd. from February 11, 2016 to May 28, 2019.
8,900,430 won of retirement allowances of retired D.