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A defendant shall be punished by imprisonment for not more than ten months.
However, 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 is the representative of AD Co., Ltd. located in AC of the Jeonbuk-gun, who is engaged in the manufacturing business with 35 full-time workers employed.
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant did not pay KRW 101,083,734, including nine retired workers’ wages, within 14 days from the date of retirement without agreement on the extension of the due date between the parties, as well as KRW 1,737,930, January 1, 2016, of E-E, working at the same workplace from December 10, 2002 to March 31, 2016, as well as KRW 1,6,7,10,21,23,24, 26, 27.
2. An employer who violates the Act on the Guarantee of Workers' Retirement Benefits due to unpaid retirement allowances shall, in case where the employee retires, pay the retirement allowances within fourteen days after the cause for such payment occurred.
Provided, That the date of payment may be extended by an agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay 16,796,285 won in total for three retired workers within 14 days from the date of retirement, as stated in the retirement allowance schedule Nos. 1, 10, 26, and 26, as well as the retirement allowance schedule Nos. 1, 1, 10, and 26, in the above workplace from December 10, 2012 to March 31, 2016.
3. Where an employer who violates the Act on Guarantee of Workers' Retirement Benefits due to a failure to pay a retirement allowance for a fixed period of time or retirement pension retires from his/her office, the employer shall pay the contributions and interest for arrears to the account of the relevant defined contribution plan within 14 days from the date on which such cause arises, if the relevant participant fails to pay
provided, however, that special;