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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant is an employer who has been engaged in manufacturing business as the representative director of E Co., Ltd. in old and American City D.
1. An employer in violation of the Labor Standards Act shall, when a worker dies or retires, pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
The Defendant did not pay KRW 2,532,640 on February 8, 2015 of the FF of retired workers on July 8, 2015 at the same workplace without any agreement between the parties on the extension of the payment deadline, and did not pay KRW 49,286,804 in total wages of six workers within 14 days from the date of retirement, as described in the No. 2 or No. 7 in the detailed statement of the attached money and valuables in arrears, as stated in the No. 14 days from the date of retirement.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall pay a retirement allowance within fourteen days from the date when a worker retires;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
The Defendant did not pay KRW 15,803,282 of F’s retirement pay to retired workers on July 8, 2015 at the same place of business within 14 days from the date of retirement without an agreement on extension of the due date between the parties concerned, and did not pay KRW 28,738,708 in aggregate of two employees’ retirement pay as stated in the No. 2 and No. 3 of the details of the attached money and valuables in arrears within 14 days from the date of retirement of each employee without an agreement on extension of the due date.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of F, G, H, I, and J;
1. Details of the money and other valuables in arrears for each individual, each average wage and retirement allowance calculation statement, the total amount of wages payable to each individual worker and the statement of wages;