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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence 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 8624"
1. The Defendant, who violated the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits, is the representative of C located in Nam-gu Incheon Metropolitan City, who ordinarily employs 10 full-time workers and operates a food processing business, such as the inspection of cosmetics and cell phone assembly.
Where an employee retires, an employer shall pay wages, compensations, and other money, valuables, and retirement allowances within 14 days after the cause for such payment occurred.
Nevertheless, the Defendant did not pay the total of KRW 12,65,973, and the total of KRW 9,698,105,105 for the total of KRW 12,655,973 as well as the total of KRW 12,65,973 for the ten workers as shown in the list of crimes in the attached Table, including the Defendant’s failure to pay KRW 658,130 on April 1, 2017 to retired workers D who were employed in the said workplace from around October 1, 2015 to May 31, 2017, for the amount of KRW 1,370,023, and KRW 2,01,70 on May 1, 2017.
"2018 Highest 1473"
2. The Defendant violating the Labor Standards Act and the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits from October 1, 2015 to November 30, 2017 did not pay KRW 802,50,508 and retirement pay KRW 1,329,464 of retired workers E, on April 4, 2017, and did not pay KRW 2,479,952 within 14 days from the date of retirement without agreement on the extension of payment period between the parties, as indicated in the list of crimes in the attached Table.
"2018 Highest 1645"
3. The Defendant violating the Labor Standards Act, along with the fact that the Defendant did not pay KRW 488,878 on April 1, 2017 from the Nam-gu, Incheon to November 30, 2017, as well as the total amount of KRW 6,528,397, who worked in the above C, as shown in the list of crimes in the attached Form C, from July 1, 2014 to November 30, and paid KRW 6,528,397.