A defendant shall be punished by imprisonment for not more than ten months.

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

(e).

Punishment of the crime

[2019 Highest 5816] The defendant is a representative of D Co., Ltd. in Busan Metropolitan City, who runs automobile parts manufacturing business using 30 full-time workers.

1. When a worker dies or retires, the employer in violation of the Labor Standards Act shall pay the worker 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, the Defendant had worked from November 17, 2014 to January 2, 2018 at the above workplace, and had not paid KRW 3,490,50 within 14 days from the date of retirement, without agreement between the parties on the extension of the due date for payment between the parties, in total, of KRW 1,143,00, monthly wage of June 2017, wage of KRW 1,143,000 for July of the same year, and wage of KRW 1,278,00 for October of the same year.

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 of payment may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the Defendant worked in the said workplace from November 17, 2014 to January 2, 2018, and worked in 12,377,906 won of retirement pay E of retired workers, from November 11, 2013 to December 31, 2017, and worked in 13,690,39 won of retirement pay of retired workersF, from August 10, 2015 to August 10, 2018, and did not pay the total amount of retirement pay of 30,127,603 won of G retirement pay of retired workers, including 4,127,603 won, within 14 days from the date of retirement without an agreement between the parties to the extension of the payment date.

[20 order 54] The Defendant is a person who has operated D Co., Ltd., a gold-type manufacturer company.

On March 25, 2014, the defendant was the victim of the Korean Small and Medium Venture Business Promotion Foundation, which was located in the Sinsan-ro 27.