A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2019 Highest 1446] The defendant is the representative of corporation C in Pyeongtaek-si B, who runs a construction business using nine regular workers.

1. Where an employer violating the Labor Standards Act dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the ground for such payment occurred, but the Defendant is working at the workplace above from May 1, 2017 to September 30, 2018.

A retired worker D's total amount of wages of KRW 27,50,000 (one-month wage of KRW 2,500,000 x 11 month) from November 2017 to September 2018 was not paid within 14 days from the date of retirement without an agreement on the extension of the due date between the parties concerned.

2. Where an employer in violation of the Guarantee of Workers' Retirement Benefits Act retires, the employer shall pay retirement allowances within 14 days from the date on which the cause for such payment occurred, but the accused shall work at the same workplace from May 1, 2017 to September 30, 2018.

The retirement allowance of retired workers D was not paid 3,470,816 won within 14 days from the date of retirement without any agreement between the parties on the extension of the due date.

[2019 Highest 1644] The Defendant is a personal entrepreneur who runs a construction business by using one full-time worker, who has undertaken a new construction work by opening, opening, etc. of Guro-gu Seoul Metropolitan Government.

When a worker dies or retires, the employer shall pay wages, compensations, and all other money and valuables within 14 days from the time when the cause for such payment occurred, but the defendant works at the workplace above from September 9, 2017 to May 18, 2018.

A retired worker E’s total of KRW 6,50,00 in wages of February 2018, KRW 49,99, KRW 2,500,00 in wages of March 2018, and KRW 2,50,00 in April 2, 2018, and KRW 1,451,612 in wages of May 2018, did not pay KRW 6,501,61 in total within 14 days from the date of retirement without any agreement on the extension of the due date between the parties.

Summary of Evidence

[Attachment 2019 order 146] 1.