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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 one year from the date this judgment becomes final and conclusive.
Reasons
The defendant is an employer who runs the business of manufacturing vessel components by employing 58 full time workers from 20,00,000,000,000,000,000,000,000,000,000,000,000,000.
When an employer intends to dismiss a worker, he/she shall make a prior announcement at least 30 days, and if he/she fails to make a prior announcement at least 30 days, he/she shall pay the ordinary wages for at least 30 days.
Nevertheless, the Defendant did not pay KRW 61,16,805,05 in total, as stated in attached Table 1 through 5, 7, 9, 11 through 13, 15 through 22, 24, 25, 27, 29, 30, 30, 36, and 37, as the dismissal of D who worked from August 21, 2017 at the above workplace on March 10, 202, and did not pay KRW 26,16,80,00 in advance payment of the dismissal allowance corresponding to the ordinary wage for 30 days.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Investigation Report (Binding of employment insurance data) - Application of Acts and subordinate statutes governing the list of those who have lost each place of business;
1. Article 11 of the relevant Act on the facts constituting an offense, and Articles 110 subparagraph 1 and 26 of the Labor Standards Act on the Selection of Imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Social service order under Article 62-2 of the Criminal Act;
1. The portion of dismissing prosecution under Article 186 (1) of the Criminal Procedure Act, bearing litigation costs
1. The summary of the facts charged is that the Defendant is a user who ordinarily employs 58 workers as the representative of a limited company C from Jeonnam Cancer-gun, Youngnam-gun, and operates vessel component manufacturing business. A.
When a worker retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant worked in the foregoing workplace from September 1, 2017 to September 30, 2019, and then retired workers E’ wages of August 1, 2019, including KRW 511,164.