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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2017 Highest 406" Defendant is an employer who operates C Co., Ltd. located in Gyeongbuk-gun, Gyeongbuk-gun.
1. From April 6, 2015 to December 12, 2016, the Defendant violated the Labor Standards Act: (a) the Defendant failed to pay the total of KRW 1,525,806 of the wages of KRW 1,525,806 of the retired worker D in November 2016; and (b) the Defendant did not pay KRW 58,813,944, total amount of wages of KRW 58,844, as indicated in the attached list of crimes in the attached Table, without agreement on the extension of the payment date between the parties, within 14 days from the date of retirement.
2. From April 6, 2015 to December 12, 2016, the Defendant violated the Act on the Guarantee of Retirement Benefits for Workers did not pay KRW 1,831,108 of the retirement allowances of retired workers D, and did not pay KRW 21,466,698 in total of seven employees, as stated in the list of crimes in the attached Table, without any agreement on the extension of the payment date between the parties, within 14 days from the date of retirement.
The Defendant, “2017 Highest 1917,” is an employer who runs a seal and other prohibited treatment business under the trade name of “C” from Gyeongbuk-gun B.
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 fourteen days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the defendant worked in the above workplace as of October 1, 2013, and on August 21, 2016, the amount equivalent to the total of 8,748,390 won, such as wages of 2,40,000 won on May 21, 2016, and wages of 2,400,000 won on June 2, 2016, wages of 2,40,400,000 won on July 2, 2016, and wages of 1,548,390 won on August 20, 2017, did not have been paid within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties.
2. Violation of the Guarantee of Retirement Benefits of Workers;