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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
The defendant is the representative of the Seoul Special Metropolitan City Nowon-gu C Co., Ltd. and is an employer who operates a construction business by employing ten full-time workers.
[2016 Height5264] The Defendant is working at the C stock company’s workplace from April 7, 2015 to May 20, 2016.
In December 2015, wages of 2,50,000 won for retired workers D, wages of 2,50,000, wages of 2,500,000 won in January 2016, February 2016, wages of 2,50,000 won in March 2, 2016, wages of 2,50,000 won in April 2, 2016, other money and valuables of 137,160, retirement allowances of 2,162,650 won in total, and 14,79,810 won in total without agreement on the extension of the payment date between the parties concerned, and did not pay wages and retirement allowances of 13 workers within 14 days from the date of retirement without agreement on the extension of the payment date.
[2017 Highest 1262] The Defendant is working at the site of the repair work for the head of the E Labor Center in Seoul Special Metropolitan City, Nowon-gu from November 2015 to January 8, 2016.
With respect to retired workers F, the sum of KRW 1,880,000 in December 2015, and KRW 2,240,000 in January 2016, which was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned, and the amount of KRW 10,200,000 in the wages for six workers as stated in the attached Table 2 of the day of the crime, was not paid within 14 days from the date of each retirement without agreement on the extension of the due date.
Summary of Evidence
[2016 Height5264]
1. Statement of the accused in the first protocol of trial;
1. Each written appeal and each written statement;
1. Each output date, each receipt for withholding earned income (2017 high group 1262);
1. Statement of the accused in the fourth protocol of trial;
1. Application of Acts and subordinate statutes to each authentic statement and each authentic statement;
1. Money and other valuables provided for in Articles 109(1) and 36 of the Labor Standards Act concerning criminal facts;