A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is the representative of the corporation C and A 1016, who is engaged in construction business on a regular basis by employing 98 workers as the representative of the corporation C and A 1016.

1. 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 payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant did not pay KRW 9,585,000, including the total amount of KRW 1,80,000 paid on February 1, 2016, wages of KRW 3,225,000 on March 3, 2016, and KRW 9,585,000 on May 4, 2016, without an agreement on the extension of the payment period between the parties, as described in the attached list of crimes, and did not pay KRW 27,015,00 to retired workers within 14 days from the date of retirement without any agreement on the extension of the payment period between the parties.

2. An employer who violates the Guarantee of Retirement Benefits for a worker shall pay a retirement allowance within 14 days after the ground for such payment occurred, in case where the worker retires.

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

Nevertheless, the Defendant did not agree on the extension of the payment period between the Parties, including that the amount of KRW 9,246,082 of H’s retirement pay from February 1, 2014 to June 19, 2016 was not paid within 14 days from the date of retirement without an agreement on the extension of the payment period between the parties, and that the total amount of KRW 57,497,863 of the eight retirement allowances retired from office as shown in the list of crimes in the attached Form.