A defendant shall be punished by imprisonment for a period of five months.

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

Punishment of the crime

The Defendant, as the representative of “M” in the L and the second floor of Busan, is an employer who runs manufacturing and wholesale business using eight full-time workers.

When a worker retires, the employer shall pay the retirement allowance within fourteen 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, even though the Defendant agreed to work in the above M from July 2, 2012 to June 30, 2018 and to pay retirement allowances of KRW 17,307,691 to retired N by September 30, 2018, the Defendant paid only KRW 9 million and did not pay the remainder of KRW 8,307,691 by the agreed date.

The Defendant, as the representative director of the P Co., Ltd. located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, is an employer as a person in charge of rubber manufacturing business who employs 30 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;

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

Nevertheless, the Defendant worked from P to April 23, 2018 to April 23, 2019, and did not pay KRW 3,621,517, total amount of Q’s wages in March, April 2019 and April 2019, within 14 days from the date of retirement, which is the date of the occurrence of the relevant cause for payment, without agreement between the parties to the extension of the due date.

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 the cause for such payment occurred; and

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

Nevertheless, the Defendant from April 23, 2018 to April 23, 2019.