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A defendant shall be punished by imprisonment for not less than eight 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
The defendant is the actual manager of the Gangnam-gu Seoul Metropolitan Government E and the 10th century, who employs five full-time workers from around 2009 to the 10th floor of the Gangnam-gu Seoul Metropolitan Government building, and is the actual manager of the Fund in charge of the settlement of disputes in which six full-time workers are employed.
1. D Co., Ltd.
(a) An employer unpaid wages shall pay all money and valuables, such as wages, within 14 days from the date of retirement unless the parties have agreed on the extension of the payment period, if the employee retires;
Nevertheless, the Defendant used the same workplace from September 1, 2014 to April 30, 2016, and did not pay KRW 13,827,200, the total amount of wages of workers G retired from the workplace from September 1, 2015 to April 2016, within 14 days from the date of retirement without agreement on the extension of the payment date between G and G, as described in the table Nos. 1 and 2 of the attached crime list, including that two workers did not pay KRW 33,947,200, total amount of wages and the annual settlement refund money at the end of the year, as described in the table No. 1 and 2 of the attached crime list.
(b) An employer who fails to pay a retirement allowance shall pay the retirement allowance within 14 days after the grounds for payment occur, in cases where the employee retires.
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant employed the said workplace from September 1, 2014 to April 30, 2016, and did not pay KRW 3,087,306 of the retirement allowance of the retired employee G to G within 14 days from the date of the retirement without agreement on the extension of the payment period between G and G, and did not pay KRW 7,150,432 in total for two retirement allowances of the retired employee within 14 days from the date of the retirement without agreement on the extension of the payment period between the employee and the employee.
2. The employer of the F Co., Ltd.