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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
(e).
Reasons
Punishment of the crime
The defendant, as the representative director of the FF corporation in Ansan-si E, was an employer who runs a manufacturing business using 50 full-time workers.
[2012 Highest 2763]
1. The Defendant violating the Labor Standards Act is working at the pertinent workplace from February 4, 1987 to July 15, 2012.
The amount of 18,543,890 won, including the amount of 2,01,190 won paid in June 2012 by retired workers G, was not paid within 14 days from the date of retirement without an agreement on extension of the due date, as stated in the attached Table.
2. The Defendant in violation of the Guarantee of Workers' Retirement Benefits Act did not pay the total amount of KRW 77,247,898 as well as KRW 25,146,943 of the said Workers G retirement pay to the said Workers within 14 days from the date of retirement without agreement on extension of the payment due date, as stated in [Attachment 2-5]-2 or 5.
[2013 Highest 225]
1. The Defendant violating the Labor Standards Act is working at the same workplace from January 15, 2009 to August 31, 2012.
As stated in the [Attachment] No. 4-7, 12, 15, and 18, the total amount of 35,165,570 won in arrears, including 3,722,340 won in July 2012, was not paid within 14 days from the date of retirement, as stated in the [Attachment] No. 4-7, 12, 15, and 18.
2. The Defendant violated the Act on the Guarantee of Workers' Retirement Benefits did not pay the total amount of KRW 40,319,306, including KRW 16,724,273 of the above worker H’s retirement pay, within 14 days from the date of retirement, as stated in the No. 4 through No. 7,15, and 18 of the attached money and valuables in arrears.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the suspect against the defendant;
1. Each statement of H, G, I, and J;
1. Each written petition;
1. Application of Acts and subordinate statutes on calculation sheets of each retirement allowance, calculation of each average wage and retirement allowance;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;