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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[2016 Highest 1677] The defendant is a representative of E Co., Ltd. in Ansan-si D, who runs a manufacturing business.
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 the total of 34,09,070 won of wages, etc. within 14 days from the date of retirement without an agreement between the parties to the extension of payment deadline, as shown in the list of crimes in the attached Form, as well as the total of 34,09,070 won, including 4,583,340 won in July 2014, 2014, when working in the said workplace from February 18, 2013 to January 23, 2015.
2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.
Nevertheless, the defendant did not pay the retirement allowance of KRW 9,117,371 to the above F at the above workplace within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
[2016 Highest 2620] The defendant is a representative of E Co., Ltd. in Ansan-si D, who is a full-time worker of 30 workers.
1. Violation of the Labor Standards Act;
(a) Where an employer, such as wages, retires, he/she shall pay all money or valuables, such as wages, within 14 days after the ground for such payment occurred;
Nevertheless, the Defendant did not pay a total of KRW 3,046,740, including that of KRW 33,046,740 from April 16, 2013 to October 3, 2014, total of KRW 149,81,920, including six workers’ wages, etc., as shown in the list of crimes in the attached Table (1) of the crime committed. The Defendant did not pay KRW 149,81,920, respectively, within 14 days from the date of retirement without agreement between the parties to the extension of the payment deadline.
(b) suspend a business due to a cause attributable to the employer, such as a shutdown allowance.