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1. The defendant shall be punished by imprisonment with prison labor for ten months;
2.Provided, That 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
The defendant is a user who runs a livestock products transportation business by employing 40 full-time workers as a real manager of DE located in Nam-si, Namyang-si.
[2017 Highest 5121] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.
Nevertheless, the Defendant did not pay KRW 29,89,355, total amount of wages of 12 workers, as shown in the list of crimes in attached Table 1, including the failure to pay KRW 5,200,000,000, which was worked in the above workplace from July 1, 2016 to May 31, 2017, including the amount of KRW 2,60,000 in April 2017 and the amount of KRW 2,60,00 in May 2017, within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date.
[2018 Height 661] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.
Nevertheless, the Defendant did not pay KRW 22,876,280 in total amount of wages of 9 workers within 14 days from the date of retirement, even though there was no agreement between the parties on the extension of the payment date, as shown in the attached list of crimes 2 in the above workplace.
[2018 Height 1061] When a worker dies or retires, the employer shall pay the wages, compensations, and all other money and valuables within 14 days from the date on which the cause for such payment occurred, unless the parties have agreed to extend the due date for payment.
Defendant 2,960,000 won in total, including the wage of 1,60,000 won in April 2, 2017 and the wage of 1,360,000 won in July 2017, and the same year from around February 4, 2017 to around November 16, 2017.
4. H’s work done by up to 30 April 2017.