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A defendant shall be punished by imprisonment for not less than eight months.
However, 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
[2018 Highest 210] The defendant is an employer who is a representative director of the GG in Ansan-si, and operates a manufacturing business with ten full-time workers.
1. Violation of the Labor Standards Act;
(a) An employer who fails to pay wages shall, if a worker retires, pay the wages, compensations, and all other money or valuables within 14 days after the cause for such payment occurred;
Nevertheless, the Defendant, while working in the said workplace from January 2, 2017 to May 19, 2017, failed to pay KRW 3,076,922 to workers H on May 5, 2017, and from December 5, 2016 to May 19, 2017, wages of KRW 1,50,000, and from November 30, 2015 to October 30, 2017, to employees I retired while working in the said workplace without agreement on the total amount of wages of 2,200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,06,07,01,00,000,00.
(b) When an employer who has not received the advance notice of dismissal intends to dismiss a worker, he shall do so at least 30 days prior to the dismissal, and when he does not do so 30 days prior to the dismissal, he shall pay the ordinary wages for not less than 30 days.
Nevertheless, on January 2, 2017, the Defendant immediately dismissed workers H who were employed in the same workplace and work in good faith as material purchase workers from H on May 18, 2017, by transmitting H’s Handphone to H’s Handphones, without prior notice of dismissal, and did not immediately pay KRW 3,076,922 equivalent to the 30-day ordinary wage as advance notice of dismissal as the date of dismissal on the date of dismissal, and around November 30, 2015, the Defendant did not immediately pay KRW 3,076,922 equivalent to the 30-day ordinary wage as the advance notice of dismissal as the date of dismissal. Around 18:00 on October 30, 2017, the Defendant had D directors who were employed in the same workplace and work in good faith as a material purchase worker.