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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2012 Highest 4989] The defendant is an actual manager of T Co., Ltd. located in S in the S in terms of harmony, who has been engaged in the manufacturing industry with 20 full-time workers.
When a worker retires, the employer shall pay wages, and all other money or valuables, within fourteen days after the cause for such payment occurred, unless otherwise agreed by the parties concerned about the extension of the due date.
Nevertheless, the Defendant worked in the pertinent workplace from May 25, 2009 to May 15, 2012, and did not pay 5,785,220 won, including the total of 838,350 won, etc., of retired workers U.S. wage of April 25, 2012 as well as 43,821,29,290 won, respectively, within 14 days from the time when the cause for the payment occurred without an extension agreement between the parties on the date of payment.
[2012 Highest 6168] The Defendant is the actual representative of the V stock company in Gyeonggi-do, who runs the manufacturing industry by employing 40 full-time workers. When the employee retires, the employer shall pay the wages, retirement allowances, and all other money and valuables within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay 8,306,840 won, including W’s retirement pay of 8,304,50 won and wage, etc. of W’s retirement pay from February 6, 2007 to April 8, 2012, within 14 days from the time when the cause for payment occurred without an agreement on extension of the due date between the parties concerned, and did not pay 22,306,840 won, including the total amount of 51,776,170 won, and the total amount of 8 wages, etc. of 5 workers, including J, K, L, M, N, P, P, Q, and R, within 14 days from the time when the cause for payment occurred without an agreement on extension of the due date.
[2013rd group 297] The Defendant employed 40 full-time workers in S in the S in terms of harmony and operated the manufacturing chain Co., Ltd.