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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is a user who has operated a manufacturing business of heat exchange equipment with 15 regular directors, who are the representative director of the FF in Gunsan-si E.
1. 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;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant, as well as G 1,713,570 won in March 2015 of G retired from office from March 11, 2014 to March 20, 2015, did not pay 11,286,650 won in total for four retired workers within 14 days from the date of each retirement without any agreement on the extension of the payment period between the parties concerned, as in the list of crimes in the attached Form (excluding No. 2,4,7).
2. An employer shall, if a worker retires, pay the retirement allowance within fourteen days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 10,168,210 won in total for three retired workers as well as 2,965,700 won in retirement allowances of H retired workers who were employed from February 24, 2014 to May 31, 2015, within 14 days from each retirement date, without any agreement between the parties on the extension of payment deadline.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of confirmation of each fact by I and J, H and G;
1. Application of Acts and subordinate statutes to the wage ledger, etc., wage ledger, and retirement allowance calculation statement;
1. Article 109(1) and the main sentence of Article 36 of the Labor Standards Act (which means the payment of wages) of the relevant Act on criminal facts, subparagraph 1 of Article 44 and Article 9 of the Guarantee of Retirement Benefits for Workers (which is currently unpaid at the time of retirement);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The aggravated Criminal Act for concurrent crimes.