A defendant shall be punished by imprisonment for one year.

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 the L Hospital located in the Republic of Korea in the Jeonbuk-gun, who is an employer who runs a health business by employing 40 full-time workers.

[2019 Highest 39]

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 fourteen days after the cause for such payment occurred;

Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.

Nevertheless, the Defendant, at the foregoing place of business from January 16, 2017 to May 12, 2018, was serving as a person and retired from the said place of business from May 12, 2018. Attached Table 1. Regarding the extension of the payment date, the Defendant did not pay 8,984,730 won, including 45,30 won for the year-end refund for retirement M.’s year-end refund.

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

Provided, That the date of payment may be extended according to an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant, at the above workplace from January 16, 2017 to May 12, 2018, served as retirement allowance of 1,885,100 won and served as retirement allowance of Ma retired from office. Attached Table 1. The Defendant did not pay the total of 16,734,760 won of retirement allowances of 4 retired workers within 14 days from the date of retirement without any agreement between the parties concerned with respect to the extension of the payment deadline.

[2019 Highest 76]

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 fourteen days after the cause for such payment occurred;

Provided, That the date may be extended by an agreement between the parties in extenuating circumstances.