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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant, as the representative director of G G Co., Ltd. located in Gangnam-gun F, is an employer who operates the kimchi business by employing five full-time workers.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the Defendant, at around December 31, 2012, did not pay six workers’ wages and retirement allowances within 14 days from the date on which the cause for payment occurred, as stated in the [Attachment] Table Nos. 1 through 4, 9, 10, including that the Defendant did not pay the total of KRW 6,708,256 of the H’s wages and retirement allowances 16,972,150 of the retirement allowances that he retired while working in the above workplace and retired from the above workplace, within 14 days from the date of the occurrence of the cause for payment.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of I;
1. Application of each relevant statute;
1. Article 44 subparagraph 1 of the relevant Act on the Guarantee of Workers' Retirement Benefits and Article 9 of the Act on the Guarantee of Workers' Retirement Benefits and Articles 109 (1) and 36 of each Labor Standards Act on criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Part concerning the dismissal of public prosecution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act, including the fact that the defendant has no previous conviction or heavier
1. The gist of the facts charged is that the Defendant is the representative director of G Co., Ltd. G located in Gangwon-gun F, who employs five full-time workers and operates the kimchi manufacturing business.
When a worker dies or retires, the employer shall pay the wages, compensations, retirement allowances, and all other money and valuables within fourteen days after the cause for such payment occurred.
Nevertheless, the defendant worked at the above workplace on April 1, 2013.