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A defendant shall be punished by imprisonment with prison labor 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
Punishment of the crime
The defendant is the representative of the C Co., Ltd. located in Chungcheongnam-dong, Chungcheongnam-dong, and is an employer who runs human resources supply business using approximately 15 full-time workers.
1. When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or 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.
Nevertheless, the Defendant had worked from May 1, 2015 to April 25, 2017 at the above workplace, and had not paid KRW 3,875,267 on March 3, 2017 to the employee D, who retired from the said workplace, within 14 days from the date of retirement, which is the date on which the cause for payment occurred, without any agreement between the parties on the extension of the payment date, and did not pay KRW 33,674,029 in total for 16 workers, as shown in the list of crimes in the attached Table, without any agreement between the parties on the extension of the payment date.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires.
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the defendant has been employed from May 1, 2015 to April 25, 2017 at the above workplace and has not paid KRW 5,941,982 of the retirement allowances of retired workers D within 14 days from the date of the occurrence of the payment cause, without agreement between the parties on the extension of the payment date, and a serial number of the list of crimes in the attached Form.
1.As described in paragraphs 14 to 14. Payment of retirement allowances of 41,242,094 in total for 14 retired workers within 14 days from the date on which the cause for payment occurred, without agreement between the Parties on the extension of the due date.