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A defendant shall be punished by imprisonment for one year.
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 of Seodaemun-gu Seoul is a user who runs software development business using 24 full-time workers under the trade name of “D Co., Ltd.” in Seodaemun-gu Seoul.
1. The Defendant, while working in the said workplace from November 1, 201 to February 8, 2013, did not pay the total of KRW 17,406,000 to E, who retired from the said workplace, within 14 days from the date of retirement without an agreement on the extension of the payment date between the parties concerned, and did not pay the total of KRW 137,251,444 as indicated in the attached Table (1) within 14 days from the date of retirement without any agreement on the extension of the payment date between the parties concerned.
2. When an employer intends to dismiss a worker, he/she shall give the worker a notice of dismissal at least 30 days, and when he/she did not give a notice of dismissal at least 30 days, the Defendant did not pay 2,538,890 won equivalent to 30 days’ ordinary wages by dismissing the worker F in the above workplace on February 13, 2013, while dismissing the worker F in advance.
3. The Defendant, from around December 8, 2010 to September 26, 2012, did not pay KRW 4,273,854 of retirement allowances to G retired from the said workplace within 14 days from the date of retirement without an agreement between the parties on the extension of the due date, and did not pay KRW 31,761,328 in total for eight employees, as shown in the list of crimes in attached Table (2), within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.
The Defendant of Seodaemun-gu Seoul Metropolitan Government “D Co., Ltd.” is an employer who operates a software development company using 24 full-time workers in the trade name.
The Defendant made an agreement on the extension of the payment term between the parties concerned regarding the amount of KRW 2,660,000 as wages of KRW 2,660,00,00 for January 2013, which was employed by the employees of the company from July 30, 2012 to January 31, 2013.