A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is the representative of C in etern B, who is a full-time worker, and is an employer who runs automobile parts manufacturing business, etc. using 68 full-time workers.

[2013 Highest 1942]

1. The Defendant violating the Labor Standards Act is working in the above C from March 15, 2004 to March 31, 2013.

The amount of 68,065,660 won, including 5,608,430 won for retired workers and 688,890 won for annual allowances, and 65,079,910 won for 12 workers, annual allowances for 2,776,390 won for 9 workers, and year-end tax settlement for 209,360 won for 200 workers, as described in subparagraph (1) of the attached Table, was not paid within 14 days from the date of retirement without agreement between the parties to the extension of the due date.

2. The Defendant who violated the Guarantee of Workers' Retirement Benefits Act shall serve in the above C from March 15, 2004 to March 31, 2013.

16,922,630 won of retirement allowances of retired workers and the amount in arrears in the attached Form, as described in paragraph (1) of the same Article, did not pay the total of 5,735,020 won to 10 workers within 14 days from the date of retirement without any agreement on extension of the due date between the parties concerned.

[2013 Highest 2145]

3. The Defendant violating the Labor Standards Act is working at the pertinent workplace from May 11, 2004 to March 31, 2013.

The amount of 47,610,50 won in total, including the amount of 5,595,960 won in arrears of the retired workers, was not paid within 14 days from the date of retirement, without any agreement between the parties concerned about the extension of the due date for payment, as stated in subparagraph (2) of the attached Table, including the amount of 5,595,960 won in arrears for 8 workers.

4. A defendant who violates the Guarantee of Workers' Retirement Benefits Act shall work from May 11, 2004 to March 31, 2013.

The amount of retirement allowance of the retired worker, including 16,593,740 won in arrears, was not paid within 14 days from the date of retirement without agreement between the parties on extension of the due date, as described in paragraph (2).

[Attachment 2013] 5.264