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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant, as the representative director of the CC in Yongcheon-si (ju), is an employer who runs the food manufacturing business (two parts) by using 40 workers on the upper payment.
1. An employer in violation of the Labor Standards Act shall, if a worker retires, pay the wages, compensations, and other money or valuables within fourteen days after the cause for such payment occurred;
Provided, That in special circumstances, the date may be extended by mutual agreement between the parties.
Nevertheless, the Defendant did not pay the total amount of KRW 43,71,294 of wages of five workers within 14 days from the date of retirement on which the cause for payment occurred, as stated in the attached crime list, as well as the payment of KRW 2,192,80 of wages of August 2015 retired from the Defendant’s place of business from the said place of business from December 4, 2006 to October 12, 2015.
2. Violation of the Guarantee of Retirement Benefits of Workers;
(a) An employer shall, if a worker retires, pay the retirement allowance within 14 days after the cause for such payment occurred;
Provided, That the payment date may be extended by mutual agreement between the parties in extenuating circumstances.
Nevertheless, the Defendant did not pay KRW 5,284,703 of retirement allowances of retired workers D on October 13, 2015, and did not pay KRW 23,709,310 in total for five employees as stated in the list of crimes in the attached Table of Crimes, without any agreement on the extension of payment deadline, within 14 days from the date of retirement.
(b) If an employer fails to pay contributions to a participant when a ground for payment, such as retirement from the business, occurs, the employer shall pay the contributions and interest accrued therefrom to the account of the relevant participant's retirement pension plan within 14 days from the date such ground for payment occurs;
except in special circumstances.