A defendant shall be punished by imprisonment for six 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

"2018 Highest 816" case

1. The Defendant in violation of the Labor Standards Act is the representative director of D Co., Ltd. in Kim Sea-si C, who runs the manufacturing business of industrial machinery by using eight full-time workers.

From August 1, 2016 to November 21, 2016, the Defendant retired from the said workplace without an agreement on the extension of the day of payment between the parties, and did not pay wages of KRW 2,500,000 on September 1, 2016, within 14 days from the date of retirement, which is the date of payment, within the date of payment, without any agreement on the extension of the day of payment between the parties, and without any agreement on the extension of the day of payment between the parties.

2. The Defendant violated the Guarantee of Retirement Benefits for Workers: (a) provided labor at the aforementioned workplace from May 7, 2014 to February 12, 2016; (b) did not pay KRW 1,666,030 of the F retirement allowances retired from the said workplace within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the payment period between the parties concerned; and (c) did not pay KRW 8,373,170 in total for three employees’ retirement allowances, as shown in the list of crimes in the attached Table, within 14 days from the date of retirement, which is the date of payment, without an agreement on the extension of the payment period between the parties concerned.

3. No person who violates the Immigration Control Act shall employ any foreigner having no status of sojourn eligible for employment activities;

Nevertheless, during the period from March 2, 2017 to March 28, 2017, the Defendant employed Vietnam nationality G that did not have the status of stay to engage in job-seeking activities at the pertinent workplace.

"2018 Highest 1374" case

4. The Defendant in violation of the Labor Standards Act is the employer engaged in the manufacturing industry of industrial machinery, employing 8 full-time workers as the representative of D Co., Ltd. in Kim Sea-si C.

From February 1, 2017 to March 31, 2017, the Defendant worked in the foregoing workplace and retired workers H’ wage 2.