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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
(e).
Reasons
Punishment of the crime
[2017 Highest 3649] The defendant is an employer who employs 60 full-time workers as the representative director of AG located in Bupyeong-gu Incheon Metropolitan Government AF building 812.
The Defendant, who retired from office from around August 24, 2015 to around November 30, 2016, did not pay an amount equivalent to KRW 10,952,407 in total, including the amount of KRW 6,700,00 ( KRW 3,350,00 per month) and retirement allowances of KRW 4,252,407, as well as the amount of KRW 10,952,407, within 14 days from the date of retirement without any agreement on the extension of payment date between the parties concerned.
In addition, the Defendant did not pay the total amount of KRW 14,431,367 to two workers, such as wages, accounts payable at the end of each year, retirement allowances, etc., as shown in (1) and (2) a year, within 14 days from the date of retirement, without agreement between the parties on the extension of payment deadline.
[2017 Highest 4860] The Defendant is a user who runs a construction business with 70 full-time workers as a representative of (state) AF building 812, Bupyeong-gu, Incheon.
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 14 days after the cause for such payment occurred;
Nevertheless, from July 24, 2016 to October 29, 2016, the Defendant did not pay the total of KRW 212,770 of wages of workers AI employed at the same workplace and KRW 2,13,17,18,23,25 through 31, and 34 of the attached crime sight table (2), including KRW 13,6,918,230, respectively, within 14 days from the date of retirement, without any agreement on the extension of the payment deadline between the parties.
2. An employer who violates the Guarantee of Retirement Benefits of a worker shall pay a retirement allowance within fourteen days after the ground for such payment occurred, in case where the worker retires; and
Nevertheless, from April 6, 2015 to January 23, 2017, the Defendant is a retirement allowance of workers AJ 8,831.