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Defendant
A shall be punished by imprisonment for ten months, and imprisonment for one year and two months, respectively.
However, from the date this judgment becomes final and conclusive, respectively.
Reasons
Punishment of the crime
1. Defendant A (the 2017 Highestest 1166, 2017 Highestest 1712) is the Defendant’s representative of the F Co., Ltd. F, which was on the Gu and Si E and 1st floor from December 28, 2016 to April 18, 2017, and engaged in the manufacturing industry using 63 full-time workers.
(a) When a worker dies or retires, an employer in violation of the Labor Standards Act shall pay him/her wages, compensations, or other money or valuables within 14 days after the cause for such payment occurred;
Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 19,911,792, including KRW 776,750, G, who worked as a cook from July 1, 2015 to March 8, 2017 at the above workplace, within 14 days from the date of retirement without agreement on the extension of the payment period between the parties, as well as KRW 19,91,792, including KRW 776,750, March 201, which had been employed as a cook.
(b) An employer who violates the guarantee of retirement benefits of an employee shall pay a retirement allowance within 14 days after the ground for such payment occurred, in cases where the employee retires;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
1) From November 6, 2015 to January 6, 2017, the Defendant did not pay KRW 1,582,710 of H’s retirement pay, as well as KRW 96,947,430, a total of 15 employees, as in the previous list of crimes (1), within 14 days from the date of retirement, without any agreement on the extension of the payment period between the parties.
2) From June 14, 2012 to January 31, 2017, the Defendant’s two retirement allowances, including the amount of KRW 6,641,846, and the amount of KRW 11,820,681,681, a sum of two retirement allowances, including the amount of retirement allowances of workers J who worked as a supply employee, from February 25, 2013 to February 1, 2017, who were employed as a supply employee.