Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
[2018 Highest 2639] The defendant is a person who has operated the J (ju) as a manufacturer of motor vehicle parts manufacturing business by employing approximately 30 full-time workers at Cheongju-si I.
1. The Defendant in violation of the Labor Standards Act did not pay the total of KRW 16,092,270 out of the victim’s wages during the above period as indicated in the attached crime list, such as the victim K, who worked at the above company from August 21, 2017 to August 23, 2018, within 14 days from the date of retirement without any agreement between the parties on extension of the payment date.
2. The Defendant violated the Guarantee of Workers’ Retirement Benefits Act did not pay KRW 2,463,210 of the Victim K’s Retirement Allowance at the time and place specified in paragraph (1) within 14 days from the date of retirement without any agreement between the parties on extension of the due date.
[2018 Highest 2784] The defendant is a person who has operated the J (ju) as a manufacturer of motor vehicle parts manufacturing business by employing approximately 30 full-time workers at Cheongju-si I.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within fourteen 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 works as the production leader from November 24, 2016 to July 31, 2018 at the above workplace.
L's retirement of 2,33,30 won was not paid in July 2017 and the total amount of wages of 18,919,980 won for two retired workers was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date, as shown in the attached list of crimes.
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