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

[2016 Height 147] The Defendant is the representative of Samsung in racing B, and the user who conducts the business of manufacturing motor vehicle parts using six to seven full-time workers.

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 did not pay 16,584,615 won in total, as indicated in the list of crimes in the attached Form, as well as 1,800,000 won on August 25, 2014 of the worker D, who was employed in the said workplace on April 25, 2015, within 14 days from the date of retirement.

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, on April 25, 2015, the Defendant did not pay KRW 2,074,448 of the retirement allowance of the employee D who retired on April 25, 2015 within 14 days from the date of retirement.

[2016 Highest 527] The defendant is the representative of C in racing-si, who is engaged in the manufacturing industry by employing 10 full-time workers.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Nevertheless, the Defendant did not pay KRW 2,591,392, total wages from January 2, 2016 to E, which was retired on February 27, 2016, within 14 days from the date of his retirement, which was the day of his payment, without an agreement on the extension of the day of his payment between the parties, and did not pay KRW 8,00,511, total wages of four workers within 14 days from the date of his retirement, as stated in the detailed statement of money in arrears in the attached Form, as stated therein, without any agreement on the extension of the day of payment between the parties.

[2016 Highest 827] The Defendant, as the representative of C in racing-si, employs 11 full-time workers.