A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[2016 Highest 347] The Defendant is an employer who is a representative of D Co., Ltd. in Hanam-gun C and runs a recycling balance processing business by using five full-time workers.

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;

Nevertheless, the Defendant, at the foregoing place of business, worked as a management director from November 1, 2013 to February 29, 2016 at the above place of business, and was retired from office, and paid 300,000 won per month from August 2014 to February 2016 to 300,000 won per month, without any agreement between the parties on the extension of the payment date between the parties concerned, within 14 days from the retirement date, which is the date on which the relevant cause for payment occurred.

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

Nevertheless, the Defendant did not pay KRW 6,917,655 of the retirement allowance of the employee E, who retired from the said workplace as above, within 14 days from the date of retirement, which is the date when the cause for the payment occurred, without agreement between the parties to the extension

[2016 Highest 423] The Defendant is an employer who is a representative of D Co., Ltd. in Hanam-gun C, who ordinarily employs five workers and operates a recycling balance processing business.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money and valuables within fourteen days after the cause for such payment occurred.

Nevertheless, the Defendant, at the foregoing place of business, worked as a production worker from May 1, 2015 to December 14, 2015, shall be the date of payment between the parties, 5,516,129 won in total, including the wage of 2250,000 won for October 2015, wage of 2250,000 won for November 2015, wage of 1,016, and wage of 1,129,000 won for December 2015.