A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[2017 Highest 4399] The Defendant is an employer who engages in medical service business using 15 full-time workers at the C dental clinic located on Incheon Gyeyang-gu B and the second floor.

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;

Nevertheless, the Defendant worked from November 1, 2014 to June 7, 2016 and did not pay 43,736,580 won in total for four workers as indicated in the list of crimes in the attached Table, including 43,736,580 won in April 2016, within 14 days from the date of each retirement without any agreement on the extension of payment period between the parties concerned.

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

Nevertheless, the Defendant worked from November 1, 2014 to June 7, 2016, and did not pay KRW 2,744,435 of retirement allowances of retired workers D within 14 days from the date of retirement without any agreement between the parties on the extension of the payment deadline.

[2017 Highest 6752] The Defendant is an actual user who uses 15 full-time workers at the C dental clinic located on the Incheon Gyeyang-gu B and the second floor.

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 date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked from November 26, 201 to October 19, 2016, and worked for the period from February 201 to October 201, 364,688 of retired workers E, and as indicated in the attached Table, extended the payment period between the parties.