A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Punishment of the crime

The Defendant is the representative of H Co., Ltd. located in G at the time of strike, who is an employer who runs a scrap metal business using 50 full-time workers.

[2014 Highest 2851]

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred, unless the date is extended by an agreement between the parties concerned;

Nevertheless, the Defendant did not pay KRW 10,259,960 in total amount of wages of workers I retired from the said workplace from July 15, 2002 to June 11, 2014, and ② from December 6, 2003 to June 11, 2014, the amount of KRW 10,550,40 in wages of workers J who retired from the said workplace was not paid within 14 days from the date of retirement without agreement on the extension of the due date between the respective parties.

2. An employer who violates the Guarantee of Workers' Retirement Benefits Act shall, in case where a worker retires, pay him retirement allowances within fourteen days after any cause for such payment occurred, unless the payment is extended by agreement between the parties concerned.

Nevertheless, the Defendant did not pay KRW 25,177,340 as stated in the preceding paragraph, and ② KRW 20,049,380 of the retirement pay of the same employee J as well as KRW 20,049,380 within 14 days from the date of retirement without agreement between the parties on the extension of the due date.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Application of Acts and subordinate statutes to the details of payment of annual allowances and retirement allowances, each petition filed by I and J, labor (annual salary), employment contract, receipt and payment record of retirement income withholding tax/payment record, details of delayed payment of wages, and

1. Articles 109 (1) and 36 of the Labor Standards Act concerning facts constituting an offense, as prescribed under the relevant Act, and subparagraphs 1 and 9 of Article 44 of the Guarantee of Workers' Retirement Benefits Act;

1. As to workers in question under Articles 40 and 50 of the Criminal Code, such workers shall be subject to such Articles.