A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 10, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court, and the said judgment became final and conclusive on April 21, 2017.

[2017 Highest 1314] The Defendant is a representative director of Corporation D in Ulsan-gun C, Ulsan-gun, who runs a construction business with 20 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, from June 21, 2013 to August 20, 2014, the Defendant did not pay 40,298,728 won in total, including the wages of E employed at the same workplace and the annual settlement refund, and 89,310,180 won in total, including the wage and annual settlement refund, within 14 days from the date of retirement without any agreement on the extension of the payment deadline between the parties.

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, from June 21, 2013 to August 20, 2014, the Defendant did not pay KRW 6,507,981 as well as KRW 44,142,704 in total for four employees, such as the written list of crimes in the attached Table, within 14 days from the date of retirement without an agreement between the parties on the extension of the payment date.

[2017 Highest 2492] The Defendant is an employer who runs a construction business with 20 full-time workers as the representative director of D Co., Ltd. in Ulsan-gun C.

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.

Provided, That the date may be extended by mutual agreement between the parties in extenuating circumstances.

Nevertheless, it is not appropriate.