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A defendant shall be punished by imprisonment for six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is the representative of D Co., Ltd., Ltd., located in A, 1713 of the Gu building A, and is an employer who engages in electronic parts manufacturing business with 12 regular workers.
1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and all other money or valuables within fourteen days after the cause for such payment occurred;
Nevertheless, the Defendant is working from March 18, 2013 to July 2, 2015 at the above workplace.
A retired worker E’s total amount of KRW 2,927,410, including wage 2,750,000 on June 6, 2015, and wage 177,410 on July 2015, did not pay KRW 2,927,410, as shown in the attached list of crimes, and did not pay KRW 56,704,227 on the total amount of wages of 12 retired workers within 14 days from the date of retirement, as described in the attached list of crimes.
2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay the retirement allowance within fourteen days after any cause for such payment occurred; and
Nevertheless, the Defendant is working from March 18, 2013 to July 2, 2015 at the above workplace.
The retirement allowance of retired workers E was not paid KRW 6,236,865, and the total amount of KRW 25,757,975 of retirement allowances of three retired workers was not paid within 14 days from the date of retirement, as described in the list of crimes in the attached Form.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of the respective laws and regulations of G, H, I, J, K, and F
1. Article 109(1) and Article 36 of the Labor Standards Act (including each payment of wages, and each worker), Article 44 Subparag. 1 and Article 9 of the Guarantee of Workers' Retirement Benefits Act for criminal facts;
1. Violation of the respective Labor Standards Act with respect to workers E, L and G under Articles 40, 50, and Article 50, respectively.