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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2017 Highest 2940] The defendant is a person who is a manager of C office in Kimpo-si B and runs a logistics business using five full-time workers.
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 in special circumstances, the date may be extended by mutual agreement between the parties.
Defendant 1 worked from December 1, 2016 to April 30, 2017 at the same place of business and did not pay KRW 34,52,995, respectively, within 14 days from the date on which the cause for payment occurred without agreement between the parties on the extension of the payment deadline, as stated in the attached crime list, including KRW 1,00,000 on March 3, 2017, which was retired from the said place of business, as well as KRW 34,52,995.
[2018 Highest 1572] The Defendant is an employer who employs five full-time workers as the representative of “C” corporation in Kimpo-si B, Kimpo-si and operates a logistics business.
When an employee retires, an employer shall pay wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.
Nevertheless, the defendant worked in the above workplace from September 2, 2017 to December 5, 2017 and did not pay 12,80,000 won in total for two victims, including 3,200,000 won for retired victims E, and 3,200,000 won in total from July 24, 2017 to February 26, 2018, and 9,600,000 won in total for retired victims F, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties.
Summary of Evidence
[2017 Highest 2940]
1. Statement by the defendant in court;
1. Each police statement made with respect to G and H;
1. Written Statements of I, D, J, and K [2018 high group 1572]
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes of each police statement protocol to E and F;
1. Articles 109(1) and 36 of the Act on the Standards of Employment and Selection of Punishment concerning facts constituting an offense, and Articles 109(1) and (36 of the same Act; and