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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.
Reasons
Punishment of the crime
The defendant is the representative director of C, Co., Ltd., located in Heak-gu Seoul Metropolitan City, who is an employer who runs the tak-gu manufacturing business using six full-time workers.
1. When a worker retires, an employer in violation of the Labor Standards Act shall pay him/her wages within fourteen days after the cause for such payment occurred;
The Defendant had worked in the pertinent workplace from September 1, 2010 to March 31, 2015, and had not paid the total of KRW 22,851,839 to retired workers D within 14 days from the date of retirement without agreement between the parties on the extension of the due date, as stated in the individual statement of arrears in the attached Table 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
The Defendant had worked in the pertinent workplace from September 1, 2010 to March 31, 2015 and had not paid the retirement allowance of 21,151,562 won to retired workers D, as well as the total amount of 5,268,94 won of retirement allowances of two retired workers, as stated in the separate statement of arrears in each individual written statement of arrears in the attached crime list, did not pay each of them within 14 days from the date of retirement without any agreement between the parties on the extension of the payment date.
Summary of Evidence
1. Defendant's legal statement;
1. Calculation details of the money and other valuables in arrears and calculation details of the money and other valuables in arrears;
1. Application of Acts and subordinate statutes to the calculation statement (D), receipt for tax withholding for wage and salary income (D), specification of transactions (D), payment statement (E), receipt for tax withholding for wage and salary income (E), receipt for tax withholding for tax withholding for wage and salary income (E), receipt for tax withholding for tax withholding for tax and payment statement for retirement income (E), specification of transaction investigation (E), details of calculation of retirement pay, details of calculation of average wage and retirement allowance (E), calculation statement of average wage
1. Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts, and the Act on the Guarantee of Workers’ Retirement Benefits.