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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
The Defendant, as the representative director of Gwangju City, was a worker E who had worked from May 1, 2006 to December 20, 2013 as the employee E, who had worked for the period from May 1, 2013 to December 20, 2013, was not paid KRW 23,267,430, retirement allowance of KRW 2267,430, December 22, 2006 to December 31, 2013, and KRW 441,00, retirement allowance of KRW 250,000, retirement allowance of KRW 22,62,410 within 14 days from the date of retirement without agreement between the parties concerned on the extension of the payment period.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness E and F;
1. Examination protocol of the accused by prosecution;
1. Police suspect interrogation protocol of the accused;
1. Each statement of E and F;
1. A written statement submitted in G;
1. A retirement allowance calculation statement, business registration certificate, each benefit ledger, and each commuting card;
1. Application of each relevant statute;
1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act concerning facts constituting an offense, and Articles 44 subparag. 1 and 9 of the Guarantee of Workers' Retirement Benefits Act (the point of not paying retirement allowances and the choice of imprisonment);
1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among the concurrent crimes, the defendant was committed, and the defendant was dismissed, and part of the wages in arrears were deposited to the workers. However, the wages in arrears, etc. of the defendant were not significant, but the workers were punished against the defendant, and the defendant was newly established on March 26, 2014 and continues to conduct the existing business in the name of the representative director who is the wife, taking into account the fact that the defendant was running the business in the name of the former part of Article 37, Article 38(1)